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Afghanistan

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were several reports that the government or its agents committed arbitrary or unlawful killings. From January 1 to September 30, UNAMA reported an overall increase in civilian deaths over the same period for 2017, from 2,666 to 2,798. The number of civilian deaths attributed to progovernment forces increased from 560 to 761. The total number of civilian casualties decreased from 8,084 to 8,050.

According to the annual report UNAMA released in February, Afghan Local Police (ALP) in Zurmat District, Paktiya Province, killed a civilian and injured two others during an attempted home invasion and robbery in September 2017. Although the government investigated and prosecuted some cases of extrajudicial killing, an overall lack of accountability for security force abuses remained a problem, particularly with the ALP.

There were numerous reports of politically motivated killings or injuries by the Taliban, ISIS-K, and other insurgent groups. UNAMA reported 1,743 civilian deaths due to antigovernment and terrorist forces in the first nine months of the year. These groups caused 65 percent of total civilian casualties, compared with 64 percent in 2017. On August 15, ISIS-K killed 48 individuals and injured 67 in a bombing that targeted students in a Kabul classroom.

b. Disappearance

There were reports of disappearances committed by security forces and antigovernment forces alike.

UNAMA, in its biannual Report on the Treatment of Conflict-Related Detainees, reported multiple allegations of disappearances by the ANP in Kandahar.

Two professors, working for the American University of Afghanistan and kidnapped by the Taliban in 2016 in Kabul, remained in captivity.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution and law prohibit such practices, there were numerous reports that government officials, security forces, detention center authorities, and police committed abuses.

NGOs reported security forces continued to use excessive force, including torturing and beating civilians. On April 17, the government approved the UN Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, building on the prior year’s progress in passing the Antitorture Law. Independent monitors, however, continued to report credible cases of torture in detention centers.

UNAMA, in its April 2017 Report on the Treatment of Conflict-Related Detainees, stated that of the 469 National Directorate for Security (NDS), ANP, and Afghan National Defense and Security Forces (ANDSF) detainees interviewed, 39 percent reported torture or other abuse. Types of abuse included severe beatings, electric shocks, prolonged suspension by the arms, suffocation, wrenching of testicles, burns by cigarette lighters, sleep deprivation, sexual assault, and threats of execution.

The Afghanistan Independent Human Rights Commission (AIHRC) stated in its June report on the use of torture in detention centers that of the 621 detainees they interviewed, 79 persons, or 12 percent, reported being tortured, for the purpose of both eliciting confessions as well as punishment. The AIHRC reported that of these 79 cases, the ANP perpetrated 62 cases, with the balance by the NDS and ANDSF.

In November 2016, first vice president General Abdul Rashid Dostum allegedly kidnapped Uzbek tribal elder and political rival Ahmad Ishchi. Before detaining Ishchi, Dostum let his bodyguards brutally beat him. After several days in detention, Ishchi alleged he was beaten, tortured, and raped by Dostum and his men. Dostum returned in July and resumed his duties as first vice president after more than a year in Turkey. As of August there was no progress on the case brought by Ishchi.

There were numerous reports of torture and cruel, inhuman, and degrading punishment by the Taliban, ISIS-K, and other antigovernment groups. The AIHRC and other organizations reported summary convictions by Taliban courts that resulted in executions by stoning or beheading. According to media reports, Taliban in Kohistan District, Sar-e Pul Province, stoned a man to death in February on suspicion of zina (extramarital sex). There were other reports of ISIS-K atrocities, including the beheading of a 12-year-old child in Darzab District, Jowzjan Province, in April, the beheading of three medical workers in Chaparhar District, Nangarhar Province, in April, and stoning of a man in Nangarhar in February.

Prison and Detention Center Conditions

Prison conditions were difficult due to overcrowding, unsanitary conditions, and limited access to medical services. The General Directorate of Prisons and Detention Centers (GDPDC), part of the Ministry of Interior, has responsibility for all civilian-run prisons (for both men and women) and civilian detention centers, including the large national prison complex at Pul-e Charkhi. The Ministry of Justice’s Juvenile Rehabilitation Directorate is responsible for all juvenile rehabilitation centers. The NDS operates short-term detention facilities at the provincial and district levels, usually collocated with their headquarters facilities. The Ministry of Defense runs the Afghan National Detention Facilities at Parwan. There were credible reports of private prisons run by members of the ANDSF and used for abuse of detainees. The Taliban also maintain illegal detention facilities throughout the country. The ANDSF discovered and liberated several Taliban detention facilities during the year and reported that prisoners included children and Afghans accused of moral crimes or association with the government.

Physical Conditions: Overcrowding in prisons continued to be a serious, widespread problem. Based on standards recommended by the International Committee of the Red Cross (ICRC), 28 of 34 provincial prisons for men were severely overcrowded. The country’s largest prison, Pul-e Charkhi, held 13,118 prisoners, detainees, and children of incarcerated mothers as of October, 55 percent more than it was designed to hold. In August more than 500 prisoners at Pul-e Charkhi participated in a one-week hunger strike to protest prison conditions, particularly for elderly and ill inmates, and the administration of their cases.

Authorities generally lacked the facilities to separate pretrial and convicted inmates or to separate juveniles according to the seriousness of the charges against them. Local prisons and detention centers did not always have separate facilities for female prisoners.

According to NGOs and media reports, children younger than age 15 were imprisoned with their mothers, due in part to a lack of capacity among Children’s Support Centers. These reports documented insufficient educational and medical facilities for these minors.

Access to food, potable water, sanitation, heating, ventilation, lighting, and medical care in prisons varied throughout the country and was generally inadequate. The GDPDC’s nationwide program to feed prisoners faced a severely limited budget, and many prisoners relied on family members to provide food supplements and other necessary items. In November 2017 the local NGO Integrity Watch Afghanistan reported that Wardak Prison had no guaranteed source of clean drinking water and that prisoners in Pul-e Charkhi, Baghlan, and Wardak had limited access to food, with prisoners’ families also providing food to make up the gap.

Administration: The law provides prisoners with the right to leave prison for up to 20 days for family visits. Most prisons did not implement this provision, and the law is unclear in its application to different classes of prisoners.

Independent Monitoring: The AIHRC, UNAMA, and the ICRC monitored the NDS, Ministry of Interior, Ministry of Justice, and Ministry of Defense detention facilities. NATO Mission Resolute Support monitored the NDS, ANP, and Defense Ministry facilities. Security constraints and obstruction by authorities occasionally prevented visits to some places of detention. UNAMA and the AIHRC reported difficulty accessing NDS places of detention when they arrived unannounced. The AIHRC reported NDS officials usually required the AIHRC to submit a formal letter requesting access at least one to two days in advance of a visit. NDS officials continued to prohibit AIHRC and UNAMA monitors from bringing cameras, mobile phones, recording devices, or computers into NDS facilities, thereby preventing AIHRC monitors from properly documenting physical evidence of abuse, such as bruises, scars, and other injuries. The NDS assigned a colonel to monitor human rights conditions in its facilities.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but both remained serious problems. Authorities detained many citizens without respecting essential procedural protections. According to NGOs, law enforcement officers continued to detain citizens arbitrarily without clear legal authority or due process. Local law enforcement officials reportedly detained persons illegally on charges not provided under local criminal law. In some cases authorities improperly imprisoned women because they deemed it unsafe for the women to return home or because women’s shelters were not available to provide protection in the provinces or districts at issue (see section 6, Women). The law provides a defendant the right to object to his or her pretrial detention and receive a court hearing on the matter, but authorities generally did not observe this requirement.

ROLE OF THE POLICE AND SECURITY APPARATUS

Three ministries have responsibility for law enforcement and maintenance of order in the country: the Ministry of Interior, the Ministry of Defense, and the NDS. The ANP, under the Ministry of Interior, has primary responsibility for internal order and for the Afghan Local Police (ALP), a community-based self-defense force. The Major Crimes Task Force (MCTF), also under the Ministry of Interior, investigates major crimes including government corruption, human trafficking, and criminal organizations. The Afghan National Army, under the Ministry of Defense, is responsible for external security, but its primary activity is fighting the insurgency internally. The NDS functions as an intelligence agency and has responsibility for investigating criminal cases concerning national security. The investigative branch of the NDS operated a facility in Kabul, where it held national security prisoners awaiting trial until their cases went to prosecution. Some areas were outside of government control, and antigovernment forces, including the Taliban, oversaw their own justice and security systems.

There were reports of impunity and lack of accountability by security forces throughout the year. According to observers, ALP and ANP personnel were largely unaware of their responsibilities and defendants’ rights under the law. Accountability of the NDS, ANP, and ALP officials for torture and abuse was weak, not transparent, and rarely enforced. Independent judicial or external oversight of the NDS, MCTF, ANP, and ALP in the investigation and prosecution of crimes or misconduct, including torture and abuse, was limited or nonexistent.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

UNAMA, the AIHRC, and other observers reported arbitrary and prolonged detention frequently occurred throughout the country. Authorities often did not inform detainees of the charges against them.

The new Penal Code, which took effect in February, modernizes and consolidates criminal laws incorporating new provisions, including the introduction of alternatives to incarceration for adults. Understanding and knowledge of the new code among justice-sector actors and the public was not widespread, but a UNAMA “Survey and Preliminary Findings on Implementation of the 2017 Penal Code (RPC) in Afghanistan”, conducted between April and July, found that courts generally were applying the new Penal Code and were aware of when it should be applied.

Existing law provides for access to legal counsel and the use of warrants, and it limits how long authorities may hold detainees without charge. Police have the right to detain a suspect for 72 hours to complete a preliminary investigation. If police decide to pursue a case, they transfer the file to the Attorney General’s Office. After taking custody of a suspect, the Attorney General’s Office can issue a detention warrant for up to seven days for a misdemeanor and 15 days for a felony. With court approval, the investigating prosecutor may continue to detain a suspect while continuing the investigation, with the length of continued detention depending on the severity of the offense. The investigating prosecutor may detain a suspect for a maximum of 10 days for a petty crime, 27 days for a misdemeanor, and 75 days for a felony. The prosecutor must file an indictment or release the suspect within those deadlines; there can be no further extension of the investigatory period if the defendant is already in detention. Prosecutors often ignored these limits. In addition there were multiple reports that judges often detained prisoners after sentences were completed because a bribe for release had not been paid. Incommunicado imprisonment remained a problem, and prompt access to a lawyer was rare. Prisoners generally were able to receive family visits.

The criminal procedure code, although rarely used, provides for release on bail. Authorities at times remanded “flight risk” defendants pending a prosecutorial appeal despite the defendants’ acquittal by the trial court. In other cases authorities did not rearrest defendants released pending appeal, even after the appellate court convicted them in absentia.

According to international monitors, prosecutors filed indictments in cases transferred to them by police, even where there was a reasonable belief no crime occurred.

According to the juvenile code, the arrest of a child “should be a matter of last resort and should last for the shortest possible period.” Reports indicated children in juvenile rehabilitation centers across the country lacked access to adequate food, health care, and education. Detained children frequently did not receive the presumption of innocence, the right to know the charges against them, access to defense lawyers, and protection from self-incrimination. The law provides for the creation of special juvenile police, prosecution offices, and courts. Due to limited resources, special juvenile courts functioned in only six provinces (Kabul, Herat, Balkh, Kandahar, Nangarhar, and Kunduz). Elsewhere, children’s cases went to ordinary courts. The law mandates authorities handle children’s cases confidentially.

Some children in the criminal justice system were victims rather than perpetrators of crime. In the absence of sufficient shelters for boys, authorities detained abused boys and placed them in juvenile rehabilitation centers because they could not return to their families and shelter elsewhere was unavailable.

Police and legal officials often charged women with intent to commit zina (sex outside marriage) to justify their arrest and incarceration for social offenses, such as running away from their husband or family, rejecting a spouse chosen by their families, and fleeing domestic violence or rape, or eloping to escape an arranged marriage. The constitution provides that in cases not explicitly covered by the provisions of the constitution or other laws, courts may, in accordance with Hanafi jurisprudence (a school of Islamic law) and within the limits set by the constitution, rule in a manner that best attains justice in the case. Although observers stated this provision was widely understood to apply only to civil cases, many judges and prosecutors applied this provision to criminal matters. Observers reported officials used this article to charge women and men with “immorality” or “running away from home”, neither of which is a crime. Police often detained women for zina at the request of family members.

Authorities imprisoned some women for reporting crimes perpetrated against them and detained some as proxies for a husband or male relative convicted of a crime on the assumption the suspect would turn himself in to free the family member.

Authorities placed some women in protective custody to prevent violence by family members. They also employed protective custody (including placement in a detention center) for women who had experienced domestic violence, if no shelters were available to protect them from further abuse. The 2009 Elimination of Violence Against Women (EVAW) presidential decree–commonly referred to as the EVAW law–obliges police to arrest persons who abuse women. Implementation and awareness of the EVAW law was limited, however. In March, President Ghani issued a decree amending the new Penal Code to reinforce EVAW as a stand-alone law.

Arbitrary Arrest: Arbitrary arrest and detention remained a problem in most provinces. Observers reported some prosecutors and police detained individuals without charge for actions that were not crimes under the law, in part because the judicial system was inadequate to process detainees in a timely fashion. Observers continued to report those detained for moral crimes were primarily women.

Pretrial Detention: The law provides a defendant the right to object to his or her pretrial detention and receive a court hearing on the matter. Nevertheless, lengthy pretrial detention remained a problem. Many detainees did not benefit from the provisions of the criminal procedure code because of a lack of resources, limited numbers of defense attorneys, unskilled legal practitioners, and corruption. The law provides that, if there is no completed investigation or filed indictment within the code’s 10-, 27-, or 75-day deadlines, judges must release defendants. Judges, however, held many detainees beyond those periods, despite the lack of an indictment.

Amnesty: In January the government released 75 Hezb-e Islami Gulbuddin (HIG) political detainees as follow-up to a September 2016 peace accord with the HIG that included amnesty for past war crimes for HIG members including its leader, Gulbuddin Hekmatyar.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, but the judiciary continued to be underfunded, understaffed, inadequately trained, largely ineffective, and subject to threats, bias, political influence, and pervasive corruption.

Judicial officials, prosecutors, and defense attorneys were often intimidated or corrupt. In May, UNAMA reported that the Anticorruption Justice Center, established in 2016 to combat corruption, has thus far indicted 142 cases, including charges of misuse of authority, embezzlement, bribery, forgery of documents, and money laundering. Bribery and pressure from public officials, tribal leaders, families of accused persons, and individuals associated with the insurgency impaired judicial impartiality. Most courts administered justice unevenly, employing a mixture of codified law, sharia, and local custom. Traditional justice mechanisms remained the main recourse for many, especially in rural areas. Corruption was common within the judiciary, and criminals often paid bribes to obtain their release or a sentence reduction (see section 4).

There was a widespread shortage of judges, primarily in insecure areas, leading to the adjudication of many cases through informal, traditional mediation. A shortage of women judges, particularly outside of Kabul, limited access to justice for women. Many women cannot and do not use the formal justice system because cultural norms preclude their engagement with male officials. Only 234 of 2162, or 12 percent, of judges are women. The formal justice system was stronger in urban centers, closer to the central government, and weaker in rural areas. Courts and police forces continued to operate at less than full strength nationwide. The judicial system continued to lack the capacity to absorb and implement the large volume of new and amended legislation. A lack of qualified judicial personnel hindered the courts. Some municipal and provincial authorities, including judges, had minimal training and often based their judgments on their personal understanding of sharia without appropriate reference to statutory law, tribal codes of honor, or local custom. The number of judges who graduated from law school continued to increase. Access to legal codes and statutes increased, but their limited availability continued to hinder some judges and prosecutors. UNAMA found during an April to July survey that judges did not have sufficient copies of the new Penal Code.

During the year an investigatory committee, formed by President Ghani in 2016, closed its inquiry into the Farkhunda case, which involved the 2015 death of a woman killed by a mob. The committee report described deficiencies in responses by the police, prosecutors, and the courts. The investigation was closed during the year without further action.

In major cities courts continued to decide criminal cases as mandated by law. Authorities frequently resolved civil cases using the informal system, the government mediation mechanism through the Ministry of Justice Huquq office, or, in some cases, through negotiations between the parties facilitated by judicial personnel or private lawyers. Because the formal legal system often was not present in rural areas, local elders and shuras (consultative gatherings, usually of men selected by the community) were the primary means of settling both criminal matters and civil disputes. They also imposed punishments without regard to the formal legal system. UNAMA and NGOs reported several cases where perpetrators of violence against women crimes that included domestic abuse reoffended after their claims were resolved by mediation. For example, UNAMA cited a case where a Taliban court’s mediation sent a victim of spousal abuse back to her home, only for her husband to cut off her nose afterwards.

In some areas the Taliban enforced a parallel judicial system based on a strict interpretation of sharia. Punishments included execution and mutilation. According to media reporting, in February a Taliban court in Obe District, Herat Province, cut off a man’s hand and leg as a sentence for robbery.

TRIAL PROCEDURES

The constitution provides the right to a fair and public trial, but the judiciary rarely enforced this provision. The administration and implementation of justice varied in different areas of the country. The government formally uses an inquisitorial legal system. By law all citizens are entitled to a presumption of innocence, and those accused have the right to be present at trial and to appeal, although the judiciary did not always respect these rights. Some provinces held public trials, but this was not the norm. The law requires judges to provide five days’ notice prior to a hearing, but this requirement was not always followed.

Three-judge panels decide criminal trials, and there is no right to a jury trial under the constitution. Prosecutors rarely informed defendants promptly or in detail of the charges brought against them. Indigent defendants have the right to consult with an advocate or counsel at public expense when resources allow. The judiciary applied this right inconsistently, in large part due to a severe shortage of defense lawyers. Citizens were often unaware of their constitutional rights. Defendants and attorneys are entitled to examine physical evidence and documents related to a case before trial, although observers noted court documents often were not available for review before cases went to trial, despite defense lawyers’ requests.

Criminal defense attorneys reported the judiciary’s increased respect and tolerance for the role of defense lawyers in criminal trials, but defendants’ attorneys continued to experience abuse and threats from prosecutors and other law enforcement officials.

The criminal procedure code establishes time limits for the completion of each stage of a criminal case, from investigation through final appeal, when the accused is in custody. The code also permits temporary release of the accused on bail, but this was rarely honored. An addendum to the code provides for extended custodial limits in cases involving crimes committed against the internal and external security of the country. Courts at the Justice Center in Parwan regularly elected to utilize the extended time periods. If the judiciary does not meet the deadlines, the law requires the accused be released from custody. Often courts did not meet these deadlines, but detainees nevertheless remained in custody.

In cases where no clearly defined legal statute applied, or where judges, prosecutors, or elders were unaware of the statutory law, judges and informal shuras enforced customary law. This practice often resulted in outcomes that discriminated against women.

POLITICAL PRISONERS AND DETAINEES

There were no reports the government held political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Corruption and limited capacity restricted citizen access to justice for constitutional and human rights violations. Citizens submit complaints of human rights violations to the AIHRC, which reviews and submits credible complaints to the Attorney General’s Office for further investigation and prosecution.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits arbitrary interference in matters of privacy, but authorities did not always respect its provisions. The criminal procedure code contains additional safeguards for the privacy of the home, prohibiting night arrests, requiring the presence of a female officer during residential searches, and strengthening requirements for body searches. The government did not always respect these prohibitions.

Government officials continued to enter homes and businesses of civilians forcibly and without legal authorization. There were reports that government officials monitored private communications, including telephone calls and other digital communications, without legal authority or judicial warrant.

Media and the government reported that the Taliban routinely used civilian homes as shelters and bases of operation, including in their attacks on Farah in May and Ghazni in August. There were also reports that the Taliban and ISIS-K used schools for military purposes.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution provides for freedom of speech, including for the press, but the government sometimes restricted this right.

Freedom of Expression: The law provides for freedom of speech, and the country has a free press. There were reports authorities at times used pressure, regulations, and threats to silence critics. Criticism of the central government was regular and generally free from restrictions, but criticism of provincial governments was more constrained, where local officials and power brokers exerted significant influence and authority to intimidate or threaten their critics, both private citizens and journalists. On April 30, a suicide bomber, wearing a media credentials badge and mixed in with reporters covering an earlier attack, killed nine reporters and photographers in Kabul. The bombing compounded a pattern of intimidation, harassment, beatings, shootings, and killings of journalists, by insurgent groups.

Press and Media Freedom: Independent media were active and expressed a wide variety of views. The Access to Information Law was amended during the year and received high ratings Transparency International. Implementation remained inconsistent and media reports consistent failure by the government to meet the requirements of the law. Government officials often restricted media access to government information or simply ignored requests. UNAMA, Human Rights Watch, and Reporters Without Borders report that the government has not fully implemented the Access to Information Law and journalists often do not receive access to information they seek. The head of Tolo News, reported that attacks, which killed journalists, had led to increased government restrictions, less access, and less support.

Journalists reported facing threats of violence from the internal conflict. Politicians, security officials, and others in positions of power at times threatened or harassed journalists because of their coverage. Human Rights Watch reported dozens of cases of violence against journalists by security forces, members of parliament, and other officials that the government failed to prosecute. According to news reports, NDS forces forcibly prevented four journalists from 1TV and Tamadon from investigating the bombing of a mosque in Herat on March 25.

Freedom of speech and an independent media were more constrained at the provincial level than in the capital, Kabul. Political and ethnic groups, including those led by former mujahedin leaders, financed many provincial media outlets and used their financial support to control the content. Some provinces had limited media presence altogether.

Print and online media continued to publish independent magazines, newsletters, newspapers, and websites. A wide range of editorials and dailies openly criticized the government. Still, there were concerns that violence and instability threatened journalists’ safety. Due to high levels of illiteracy, most citizens preferred broadcast to print or online media. A greater percentage of the population, including those in distant provinces, had access to radio.

Violence and Harassment: Government officials and private citizens used threats of violence to intimidate independent and opposition journalists, particularly those who spoke out against impunity, crimes, and corruption by powerful local figures. According to media reports, NDS forces beat several journalists covering a suicide bombing in Kabul on July 26 and intentionally destroyed their equipment in an effort to impede their reporting. Following the release of news reports detailing corruption involving a high-ranking government official, one media outlet reported threats against the journalist by the official’s security guards.

The Afghan Journalist Safety Committee (AJSC) reported 11 journalists killed in the first six months of the year. During the same period, the AJSC recorded 89 cases of violence against journalists, which included killing, beating, inflicting injury and humiliation, intimidation, and detention of journalists–a 22 percent increase from the first six months of 2017. Government-affiliated individuals or security forces were responsible for 36 instances of violence, approximately the same number as in 2017 when 34 cases were attributed to them. Instances of violence attributed to the Taliban and ISIS-K rose sharply by 70 percent over the same period in 2017–from 22 cases to 37 cases.

The Taliban continued to attack media organizations, including during their military offensive on Ghazni Province in August, when they reportedly burned a local radio station.

Increased levels of insecurity created a dangerous environment for journalists, even when they were not the specific targets of violence. Media organizations and journalists operating in remote areas were more vulnerable to threats, intimidation, and violence from insurgents, warlords, and organized criminals. During the year several journalists reported attacks by unknown gunmen connected, they claimed, to their coverage of powerful individuals. They also reported local governmental authorities were less cooperative in facilitating access to information.

In August 2016 the Office of the National Security Council approved a new set of guidelines to address cases of violence against journalists, but these guidelines have not been fully implemented. The initiative created a joint national committee in Kabul and separate committees in provincial capitals, a coordination center to investigate and identify perpetrators of violence against journalists, and a support committee run by the NDS to identify threats against journalists. Press freedom organizations reported that, although the committee met and referred cases to the Attorney General’s Office, it did not increase protection for journalists. In response to recent attacks on journalists, President Ghani announced the expansion of the Journalists Support Fund in October to assist family members of journalists killed in the line of duty.

Media advocacy groups reported that many female journalists worked under pseudonyms in both print and social media to avoid recognition, harassment, and retaliation. According to one group, there were no female journalists in nine provinces: Helmand, Nuristan, Uruzgan, Paktiya, Paktika, Zabul, Logar, Sar-e Pul, and Laghman.

Censorship or Content Restrictions: Media observers claimed journalists reporting on administrative corruption, land embezzlement, and local officials’ involvement in narcotics trafficking engaged in self-censorship due to fear of violent retribution by provincial police officials and powerful families. Journalists and NGOs reported that although the amended 2018 Access to Information Law provided an excellent regulatory framework, enforcement remained inconsistent and that noncompliant officials were rarely held accountable. A Kabul Press Club survey showed more than half of journalists were dissatisfied with the level of access to government information. An NGO supporting media freedom surveyed government offices and found that one-third did not have dedicated offices for providing information to the public.

Libel/Slander Laws: The penal code and the mass media law prescribe jail sentences and fines for defamation. Authorities sometimes used defamation as a pretext to suppress criticism of government officials.

National Security: Journalists complained government officials frequently invoked the national interest exception in the Access to Information law to avoid disclosing information.

Nongovernmental Impact: Some reporters acknowledged they avoided criticizing the insurgency and some neighboring countries in their reporting because they feared Taliban retribution. Insurgent groups coerced media agencies in insecure areas to prevent them from broadcasting or publishing advertisements and announcements of the security forces, entertainment programming, music, and women’s voices.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet, and there were no credible reports the government monitored private online communications without appropriate legal authority. According to the International Telecommunication Union, 11.4 percent of the population had internet access, mostly in urban areas, in 2017.

Media outlets and activists routinely used social media to discuss political developments, and Facebook was widely used in urban areas. The Taliban used the internet and social media to spread its messages. Internet usage remained relatively low due to high prices, a lack of local content, and illiteracy.

There were many reports during the year of Taliban attempts to restrict access to information, often by destroying or shutting down telecommunications antennae and other equipment.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The government generally respected citizens’ right to demonstrate peacefully. Numerous public gatherings and protests took place during the year. The Helmand Peace March Initiative–the “peace tent” protest that launched in the provincial capital of Lashkar Gah on March 26 following a deadly car bombing–inspired antiwar demonstrations in at least 16 other provinces, which were largely peaceful.

FREEDOM OF ASSOCIATION

The constitution provides for the right to freedom of association, and the government generally respected it. The 2009 law on political parties obliges political parties to register with the Ministry of Justice and to pursue objectives consistent with Islam. In 2012 the Council of Ministers approved a regulation requiring political parties to open offices in at least 20 provinces within one year of registration. In 2017 President Ghani signed a decree prohibiting employees and officials of security and judicial institutions, specifically the Supreme Court, Attorney General’s Office, Ministry of Interior, Ministry of Defense, and National Directorate of Security, from political party membership while government employees. Noncompliant employees could be fired.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees, the International Organization for Migration, and other humanitarian organizations to provide protection and assistance to internally displaced persons, refugees, returning refugees, and other persons of concern. The government’s ability to assist vulnerable persons, including returnees from Pakistan and Iran, remained limited, and it continued to rely on the international community for assistance.

In-country Movement: The government generally did not restrict the right to freedom of movement within the borders of the country. Taxi, truck, and bus drivers reported security forces and insurgents sometimes operated illegal checkpoints and extorted money and goods from travelers. The greatest barrier to movement in some parts of the country was the lack of security. Social custom limited women’s freedom of movement without male consent or a male chaperone.

INTERNALLY DISPLACED PERSONS (IDPS)

Internal population movements increased during the year because of armed conflict and an historic drought. Nearly 470,000 individuals were internally displaced from January 1 to September 9. The 250,000 displacements caused by severe drought surpassed by approximately 30,000 the number of those displaced by conflict during the year. Most IDPs left insecure rural areas and small towns to seek relatively greater safety and government services in larger towns and cities in the same province. All 34 provinces hosted IDP populations.

Limited humanitarian access because of the deteriorating security situation caused delays in identifying, assessing, and providing timely assistance to IDPs, who continued to lack access to basic protection, including personal and physical security and shelter. Many IDPs, especially in households with a female head, faced difficulty obtaining basic services because they did not have identity documents. Many IDPs in urban areas reportedly faced discrimination, lacked adequate sanitation and other basic services, and lived in constant risk of eviction from illegally occupied displacement sites, according to the Internal Displacement Monitoring Center. Women in IDP camps reported high levels of domestic violence. Limited opportunities to earn a livelihood following the initial displacement often led to secondary displacement, making tracking of vulnerable persons difficult. Even IDPs who had access to local social services sometimes had less access than their non-IDP neighbors, due to distance from the services or other factors.

PROTECTION OF REFUGEES

Access to Asylum: The country is a signatory to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, which guarantee protection of refugees, including nonrefoulement. The Office of the UN High Commissioner for Refugees registers, and mitigates protection risks of, approximately 500 refugees in urban areas throughout the country. Although the government has not adopted a draft national refugee law and asylum framework, it allows refugees and asylum-seekers access to education and health care.

Durable Solutions: The government did not officially accept refugees for resettlement, offer naturalization to refugees residing on its territory, or assist in their voluntary return to their homes. Registered refugee returns from Pakistan and Iran slowed to historically low levels during the year, with just 12,052 returns as of September 8, 75 percent less than the same period in 2017 when 48,055 Afghan refugees returned. The International Organization for Migration reported a significant increase in unregistered returnees during the year, with 545,708 in total as of September 8, due in large part to drought and the decline in value of the Iranian rial.

On June 16, the government announced its decision to join the Comprehensive Refugee Response Framework as a country of origin. Through its Displacement and Returnees Executive Committee, the government continued to develop policies to promote the inclusion of returnees and IDPs in national programs and to ensure dignified, voluntary repatriations and reintegration.

STATELESS PERSONS

NGOs noted the lack of official birth registration for refugee children as a significant challenge and protection concern, due to the risk of statelessness and potential long-term disadvantage.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the opportunity to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Citizens exercised this ability in the 2014 presidential and provincial elections and the 2010 and 2018 parliamentary elections. Violence from the Taliban and other antigovernment groups and widespread allegations of fraud and corruption interfered with, but did not derail, the 2014 presidential elections and 2018 parliamentary elections. The constitution mandates parliamentary elections every five years, but the government’s inability to agree on needed electoral reforms delayed the 2015 elections until 2018. Members of parliament remained in office past the June 2015 expiration of their five-year terms by virtue of a presidential decree.

Elections and Political Participation

Recent Elections: National parliamentary elections were held on October 20 and 21 in all but two provinces. Approximately four million out of 8.8 million registered voters cast ballots. Voting was postponed by one week in Kandahar due to an October 18 attack that killed provincial Chief of Police Abdul Raziq. The Independent Election Commission (IEC) had not set a date for parliamentary elections in Ghazni Province at year’s end due to an earlier political dispute and protests that prevented the voter registration process in that province. Although there was high voter turnout, the election was marred by irregularities, including fraudulent voter registration, voter intimidation, vote rigging, such as interference by IEC staff and police, and in some cases, polling stations forced to close due to pressure from local leaders. The Interior Ministry reported 44 people had been charged with “illegal interference in the election and fraud.”

The United Nations reported that groups, primarily the Taliban, used threats, intimidation, and harassment to quell voting. Fifty-six individuals were reportedly killed and 379 injured due to election-related violence, including one bombing in Kabul that killed 18. Radio Free Europe/Radio Liberty reported that attacks killed at least 10 parliamentary candidates prior to the election, but the motivation for and perpetrators of those attacks was not clear.

A number of technical issues also hindered the voting process, including errors on voter lists, missing voter lists, missing election supplies, and a shortage of poll workers. The last-minute introduction of biometric voter verification devices in the election preparation process caused confusion and contributed to delayed polling and long lines. On December 6, the Electoral Complaints Commission (ECC) invalidated the votes cast in Kabul Province due to complaints of fraud, mismanagement and other voting irregularities and called for a new vote; however, days later the ECC reversed its decision following a series of meetings with the government and the IEC and an agreement from the IEC to share more information from the recount of ballots from Kabul.

The IEC released preliminary parliamentary results for all provinces but Ghazni, Kabul, Nangargar, Baghlan, and Paktia at year’s end.

Political Parties and Political Participation: The Political Party Law of 2003 granted parties the right to exist as formal institutions for the first time in the country’s history. Under this law any citizen 25 years or older may establish a political party. The law requires parties to have at least 10,000 members from the country’s 34 provinces to register with the Ministry of Justice, conduct official party business, and introduce candidates in elections. Only citizens who are 18 years or older and have the right to vote can join a political party. Certain members of the government, judiciary, military, and government-affiliated commissions are prohibited from political party membership during their tenure in office.

There were large areas of the country where political parties could not operate due to insurgencies and instability. Political parties played a greater role in the 2014 presidential elections than in previous elections, and the organization, networks, and public support of the parties that supported Abdullah and Ghani contributed to their success as presidential candidates.

Participation of Women and Minorities: No laws limit participation of women or members of minority groups in the political process. The constitution specifies a minimum number of seats for women and minorities in the two houses of parliament. For the Wolesi Jirga (lower house of the National Assembly), the constitution mandates that at least two women shall be elected from each province (for a total of 68). In the 2010 parliamentary elections, more women won seats than the minimum outlined in the constitution. The winners of the 2018 parliamentary election have not yet been announced. The constitution also mandates one-half of presidential appointees must be women. It also sets aside 10 seats in the Wolesi Jirga for members of the Kuchi minority (nomads). In the Meshrano Jirga (upper house of the National Assembly), the president’s appointees must include two Kuchis and two members with physical disabilities. In practice, one seat in the Meshrano Jirga is reserved for the appointment of a Sikh or Hindu representative, although this is not mandated by the constitution.

Traditional societal practices continue to limit women’s participation in politics and activities outside the home and community, including the need to have a male escort or permission to work. These factors, in addition to an education and experience gap, likely contributed to the central government’s male-dominated composition. The 2016 electoral law mandates that 25 percent of all provincial, district, and village council seats “shall be allocated to female candidates.” Neither district nor village councils had been established by year’s end.

Women active in government and politics continued to face threats and violence and were targets of attacks by the Taliban and other insurgent groups. No laws prevent minorities from participating in political life, although different ethnic groups complained of unequal access to local government jobs in provinces where they were in the minority. Individuals from the majority Pashtun ethnic group have more seats than any other ethnic group in both houses of parliament, but they do not have more than 50 percent of the seats. There was no evidence specific societal groups have been excluded. In past elections male family members could vote on behalf of the women in their families; however, the 2016 Electoral Law prohibited this practice, and the 2018 parliamentary election was the first where proxy voting for women was illegal.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The EVAW law, as amended during the year by a presidential decree, criminalizes 22 acts of violence against women, including rape; battery or beating; forced marriage; humiliation; intimidation; and deprivation of inheritance. The new Penal Code criminalizes rape of both women and men. The law provides for a minimum sentence of five to 16 years’ imprisonment for rape, or up to 20 years if one or more aggravating circumstances is present. If the act results in the death of the victim, the law provides for a death sentence for the perpetrator. The new Penal Code also explicitly criminalizes statutory rape and, for the first time, prohibits the prosecution of rape victims for zina (sex outside of marriage). The law provides for imprisonment of up to seven years for aggression to the chastity or honor of a female “[that] does not lead to penetration to anus or vagina”. Under the law rape does not include spousal rape. Authorities did not always fully enforce these laws.

Prosecutors and judges in remote provinces were frequently unaware of the EVAW law or received pressure to release defendants due to familial loyalties, threat of harm, or bribes, or because some religious leaders declared the law un-Islamic. Female victims faced stringent societal reprisal, ranging from imprisonment to extrajudicial killing. In September police in Faryab Province arrested a woman who appeared in an online sex video with a self-proclaimed mullah on charges of zina. The mullah, who remains at large, was suspected of sexual exploitation and rape of several women who came to him for help. Interpretations of sharia also impeded successful prosecution of rape cases.

The new Penal Code criminalizes forced virginity testing under Article 640 except when conducted pursuant to a court order or with the consent of the individual. Awareness and enforcement of this change remained limited. In July the Ministry of Public Health issued a policy prohibiting health clinics and hospitals from performing virginity tests. There were reports police, prosecutors, and judges continued to order virginity tests in cases of “moral crimes” such as zina. Women who sought assistance in cases of rape were often subject to virginity tests.

The penal code criminalizes assault, and courts convicted domestic abusers under this provision, as well as under the “injury and disability” and beating provisions in the EVAW law. According to NGO reports, millions of women continued to suffer abuse at the hands of their husbands, fathers, brothers, in-laws, armed individuals, parallel legal systems, and institutions of state, such as the police and justice systems.

Due to cultural normalization and a view of domestic violence as a family matter, domestic violence often remained unreported. The justice system’s response to domestic violence was insufficient, in part due to underreporting, preference toward mediation, sympathy toward perpetrators, corruption, and family or tribal pressure. There were EVAW prosecution units in all 34 provinces, and EVAW court divisions operated at the primary and appellate levels in at least 16 provinces. In August Taliban members shot and killed a woman in Jawzjan Province. According to the governor’s spokesman, the woman had fled some months earlier to a safe house in Sheberghan city due to domestic violence. She returned home after local mediation but was later shot by Taliban members.

Space at the 28 women’s protection centers across the country was sometimes insufficient, particularly in major urban centers, and shelters remained concentrated in the western, northern, and central regions of the country. Some women did not seek legal assistance for domestic or sexual abuse because they did not know their rights or because they feared prosecution or being sent back to their family or the perpetrator.

At times women in need of protection ended up in prison, either because their community lacked a protection center or because the local interpretation of “running away” as a moral crime. Adultery, fornication, and kidnapping are criminal offenses. Running away is not a crime under the law, and both the Supreme Court and the Attorney General’s Office have issued directives to this effect, but some local authorities continued to detain women and girls for running away from home or “attempted zina”. The Ministry of Women’s Affairs, as well as nongovernmental entities, sometimes arranged marriages for women who could not return to their families.

Other Harmful Traditional Practices: The law criminalizes forced, underage, and baad marriages (the practice of settling disputes in which the culprit’s family trades a girl to the victim’s family) and interference with a woman’s right to choose her spouse. NGOs report instances of baad still practiced, often in more remote provinces. The practice of exchanging brides between families has not been criminalized and remained widespread. In July a man killed a nine-year-old who had been sold to him as a bride for 972,000 Afghanis ($13,500) by her family.

Honor killings continued throughout the year. In April a man stabbed his sister to death in an apparent honor killing in Andkhoy District, Faryab Province, after bringing a knife into a building where she was under protection. In a May report on Mediation of Criminal Offenses of Violence against Women, UNAMA reported documenting 280 instances of murder and honor killing between January 2016 and December 2017 with only 18 percent of these resulting in conviction and imprisonment. The report found that despite the EVAW law, government institutions often pressured victims to resolve their cases through mediation for serious offenses, which the EVAW law prohibits, resulting in impunity for perpetrators.

Sexual Harassment: The 2017 Antiharassment Law went into effect in January and criminalizes all forms of harassment of women and children, including physical, verbal, psychological, and sexual. Under this law all government ministries are required to establish a committee to review internal harassment complaints and support appropriate resolution of these claims. Implementation and enforcement of the law remained limited and ineffective. The AIHRC reported that more than 85 percent of women and children faced various forms of harassment. Women who walked outside alone or who worked outside the home often experienced harassment, including groping, catcalling, and being followed. Women with public roles occasionally received threats directed at them or their families.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Women who reported cases of abuse or who sought legal redress for other matters reported they experienced discrimination within the judicial system. Some observers, including female judges, asserted that discrimination was a result of faulty implementation of law. Limited access to money and other resources to pay fines (or bribes) and the social requirement for women to have a male guardian affected women’s access to and participation in the justice system.

Prosecutors and judges in some provinces continued to be reluctant to use the EVAW law, and judges would sometimes replace those charges with others based on the penal code.

The law provides for equal work without discrimination, but there are no provisions for equal pay for equal work. The law criminalizes interference with a woman’s right to work. Women faced discrimination in access to employment and terms of occupation. Overall, 22 percent of civil servants and 5 percent of security forces were women, including 3,000 female police and 1,400 female soldiers.

Children

Birth Registration: A citizen father transmits citizenship to his child. Birth in the country or to a citizen mother alone does not transfer citizenship. Adoption is not legally recognized.

Education: Education is mandatory up to the lower secondary level (six years for primary school and three years for lower secondary), and the law provides for free education up to and including the college level. UNICEF reported that 3.7 million children were not in school due to discrimination, poverty, lack of access, and continuing conflict, among other reasons. UNAMA also noted that armed groups tried to restrict girls’ access to education. In February threats forced the closure of girls’ schools in several villages in Farah Province, temporarily denying education to more than 3,500 girls. When the schools reopened 10 days later, the vast majority of the girls were initially afraid to return.

Key obstacles to girls’ education included poverty, early and forced marriage, insecurity, a lack of family support, lack of female teachers, and a lack of nearby schools. An October 2017 Human Rights Watch report observed that the government provided fewer schools for girls than boys and that the lack of basic provisions in many schools for security, privacy, and hygiene, including boundary walls, toilets, and water, also disproportionately affected girls.

Violent attacks on schoolchildren, particularly girls, also hindered access to education, particularly in areas controlled by the Taliban. The Taliban and other extremists threatened and attacked school officials, teachers, and students, particularly girls, and burned both boys’ and girls’ schools. There were press reports of sexual abuse perpetrated by teachers and school officials, particularly against boys. The government claimed families rarely pressed charges due to shame and doubt that the judicial system would respond. There were reports that both insurgent groups and government forces used school buildings for military purposes.

Child Abuse: The revised Penal Code criminalizes child abuse and neglect. The penalty for beating, or physically or mentally disciplining or mistreating a child, ranges from a cash fine of 10,000 Afghanis (approximately $130) to one-year in prison as long as the child does not sustain a serious injury or disability. Endangering the life of a child carries a penalty of one to two years in prison or a cash fine of 60,000 to 120,000 Afghanis (approximately $800 to $1,600).

Police reportedly beat and sexually abused children. Children who sought police assistance for abuse also reported being further harassed and abused by law enforcement officials, particularly in bacha bazi (sexual entertainment) cases, deterring victims from reporting their claims. NGOs reported a predominantly punitive and retributive approach to juvenile justice throughout the country. Although it is against the law, corporal punishment in schools, rehabilitation centers, and other public institutions remained common.

There were reports some members of the security forces and progovernment groups sexually abused and exploited young girls and boys. During the first six months of the year, UNAMA documented credible reports of five cases of sexual abuse involving six boys, attributed to the Afghan National Police, and Afghan Local Police. In June 2017 in Daikundi Province, an ANDSF commander sexually abused a teenager, who later committed suicide. There were multiple reports of bacha bazi, a practice in which men exploit boys for social and sexual entertainment. According to media and NGO reports, many of these cases went unreported or were referred to traditional mediation, which often allowed perpetrators to reoffend.

The government took steps to discourage the abuse of boys and to prosecute or punish those involved. The new Penal Code criminalizes bacha bazi as a separate crime, and builds on the 2017 Law to Combat Crimes of Trafficking in Persons and Smuggling in Migrants (TIP Law), which includes provisions criminalizing behaviors associated with the sexual exploitation of children. Despite the inclusion of bacha bazi in the Penal Code, as of August there were no convictions under the law.

Early and Forced Marriage: Despite a law setting the legal minimum age for marriage at 16 for girls (15 with the consent of a parent or guardian or the court) and 18 for boys, international and local observers continued to report widespread early and forced marriages throughout the country. Under the EVAW law, those who enter into or arrange forced or underage marriages are subject to imprisonment for not less than two years, but implementation of the law was limited. According to a July report, Child Marriage in Afghanistan, by UNICEF and the Ministry of Labor, Social Affairs, Martyrs and Disabled, 34 percent of women and 7 percent of men ages 20 to 24 had been married before the age of 18. In 2017 the government launched a five-year National Action Plan to Eliminate Early and Child Marriage.

By law a marriage contract requires verification that the bride is 16 years of age (or 15 with the permission of her parents or a court), but only a small fraction of the population had birth certificates.

There were reports from Badakhshan Province that Taliban militants bought young women to sell into forced marriage. The UN Development Program Legal Aid Grant Facility reported women increasingly petitioned for divorce.

Sexual Exploitation of Children: The law criminalizes sexual exploitation of children. In addition to outlawing the practice of bacha bazi, the new Penal Code provides that, “[i]f an adult male has intercourse with a person under the legal age, his act shall be considered rape and the victim’s consent is invalid.” The Penal Code also treats nonstatutory rape of a child as an aggravated form of the offense, punishable by up to 20 years in prison. The EVAW Law prescribes a penalty of 10 to 15 years’ imprisonment for forcing an underage girl into prostitution. Taking possession of a child for sexual exploitation or production of pornographic films or images constitutes trafficking in persons under the 2017 TIP Law regardless of whether other elements of the crime are present.

Child Soldiers: In February 2016 the Law on Prohibition of Children’s Recruitment in the Military became effective. Under the revised Penal Code, recruitment of children in military units carries a penalty of six months to one year in prison. There were reports the ANDSF and progovernment militias recruited and used children in a limited number of cases, and the Taliban and other antigovernment elements recruited children for military purposes (see section 1.g.). Media reported that local progovernment commanders recruited children younger than age 16. The Taliban and other antigovernment groups regularly recruited and trained children to conduct attacks.

Displaced Children: During the year NGOs and government offices reported high numbers of returnee and drought-displaced families and their children in border areas, specifically Herat and Jalalabad. Although the government banned street begging in 2008, NGOs and government offices reported large numbers of children begging and living in the streets of major cities.

Institutionalized Children: Living conditions for children in orphanages were poor. NGOs reported up to 80 percent of children between ages four and 18 years in the orphanages were not orphans but came from families that could not provide food, shelter, or schooling. Children in orphanages reported mental, physical, and sexual abuse and occasionally were victims of trafficking. They did not have regular access to running water, heating in winter, indoor plumbing, health services, recreational facilities, or education. Security forces kept child detainees in juvenile detention centers run by the Ministry of Justice, except for a group of children arrested for national security violations who stayed at the detention facility in Parwan. NGOs reported these children were kept separate from the general population but still were at risk of radicalization.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution prohibits any kind of discrimination against citizens and requires the state to assist persons with disabilities and to protect their rights, including the rights to health care and financial protection. The constitution also requires the state to adopt measures to reintegrate and provide for the active participation in society of persons with disabilities. The Law on the Rights and Benefits of Disabled Persons provides for equal rights to, and the active participation of, such persons in society. Observers reported that both the constitution and disabilities rights law are mostly ignored and unenforced.

Persons with disabilities faced barriers such as limited access to educational opportunities, inability to access government buildings, lack of economic opportunities, and social exclusion due to stigma.

Lack of security remained a challenge for disability programs. Insecurity in remote areas, where a disproportionate number of persons with disabilities lived, precluded delivery of assistance in some cases. The majority of buildings remained inaccessible to persons with disabilities, prohibiting many from benefitting from education, health care, and other services.

In the Meshrano Jirga, authorities reserved two of the presidentially appointed seats for persons with disabilities. Per law, 3 percent of all government positions are reserved for persons with disabilities, but government officials admitted the law was not enforced.

Disability rights activists reported that corruption prevented some persons with disabilities from receiving benefits. There were reports that government officials redirected scholarship funds for persons with disabilities to friends or family through fraud and identity theft. NGOs and government officials also reported that associations of persons with disabilities attempted to intimidate ministry employees in an effort to secure benefits such as apartments.

National/Racial/Ethnic Minorities

Ethnic tensions between various groups continued to result in conflict and killings. Societal discrimination against Shia Hazaras continued along class, race, and religious lines in the form of extortion of money through illegal taxation, forced recruitment and forced labor, physical abuse, and detention. According to NGOs, the government frequently assigned Hazara ANP officers to symbolic positions with little authority within the Ministry of Interior. NGOs also reported Hazara ANDSF officers were more likely than non-Hazara officers to be posted to insecure areas of the country. During the year ISIS-K continued escalating attacks against the Hazara community. Attacks against the Shia, predominantly Hazara, population, resulted in 705 civilian casualties, including 211 deaths between January 1 and September 30. On September 5, another ISIS-K bombing targeting a sports center killed 20. Both attacks took place in the Shia neighborhood of Dasht-e Barchi in Kabul.

Sikhs and Hindus faced discrimination, reporting unequal access to government jobs and harassment in school, as well as verbal and physical abuse in public places. On July 1, ISIS-K killed 19 people in a Jalalabad suicide bombing targeting the Sikh community. The attack killed the only Sikh candidate for the October parliamentary elections. Ultimately, the Sikh candidate’s son ran in his place. According to the Sikh and Hindu Council of Afghanistan, there were approximately 900 members of the Sikh and Hindu community in the country.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual conduct, and there were reports of harassment and violence by society and police. The law does not prohibit discrimination or harassment based on sexual orientation or gender identity. Homosexuality was widely seen as taboo and indecent. Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community did not have access to certain health services and could be fired from their jobs because of their sexual orientation. Organizations devoted to protecting the freedom of LGBTI persons remained underground because they could not legally register with the government. Members of the LGBTI community reported they continued to face arrest by security forces and discrimination, assault, rape by society at large.

HIV and AIDS Social Stigma

There were no confirmed reports of discrimination or violence against persons with HIV/AIDS, but there was reportedly serious societal stigma against persons with AIDS.

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

The law does not sufficiently criminalize forced labor and debt bondage. Men, women, and children are exploited in bonded labor, where an initial debt assumed by a worker as part of the terms of employment is exploited, ultimately entrapping other family members, sometimes for multiple generations. This type of debt bondage is common in the brick-making industry. Some families knowingly sell their children into sex trafficking, including for bacha bazi (see section 7.c.).

Government enforcement of the law was ineffective; resources, inspections, and remediation were inadequate; and the government made minimal efforts to prevent and eliminate forced labor. Penalties were insufficient to deter violations.

Also, see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The labor law sets the minimum age for employment at 15 but permits 14-year-olds to work as apprentices, allows children who are age 15 and older to do light nonhazardous work, and permits children 15 through 17 to work up to 35 hours per week. The law prohibits children younger than age 14 from working under any circumstances. The law also bans the employment of children in hazardous work that is likely to threaten their health or cause disability, including mining and garbage collection; work in blast furnaces, waste-processing plants, and large slaughterhouses; work with hospital waste; drug-related work; security guard services; and work related to war.

Poor institutional capacity was a serious impediment to effective enforcement of the labor law. Deficiencies included the lack of penalty assessment authorization for labor inspectors, inadequate resources, inspections, remediation, and penalties for violations.

Child labor remained a pervasive problem. In May the AIHRC surveyed conditions for children in the workplace and found that 90 percent of employed minor respondents worked more than 35 hours every week and that more than 15 percent reported suffering sexual abuse in the workplace. Child laborers worked as domestic servants, street vendors, peddlers, and shopkeepers. There was child labor in the carpet industry, brick kilns, coalmines, and poppy fields. Children were also heavily engaged in the worst forms of child labor in mining, including mining salt, commercial sexual exploitation (see section 6, Children), transnational drug smuggling, and organized begging rings. Some forms of child labor exposed children to land mines. Children faced numerous health and safety risks at work. There were reports of recruitment of children by the ANDSF during the year. Taliban forces pressed children to take part in hostile acts (see section 6, Children).

Also, see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings .

d. Discrimination with Respect to Employment and Occupation

The constitution prohibits discrimination and notes that citizens, both “man and woman”, have equal rights and duties before the law. It expressly prohibits discrimination based on language. The constitution contains no specific provisions addressing discrimination based on race, religion, national origin, color, sex, ethnicity, disability, or age. The penal code prescribes a term of imprisonment of not more than two years for anyone convicted of spreading discrimination or factionalism.

Women continued to face discrimination and hardship in the workplace. Women made up only 7 percent of the workforce. Many women faced pressure from relatives to stay at home and encountered hiring practices that favored men. Older and married women reported it was more difficult for them than for younger, single women to find jobs. Women who worked reported they encountered insults, sexual harassment, lack of transportation, and an absence of day-care facilities. Salary discrimination existed in the private sector. Female journalists, social workers, and police officers reported they were often threatened or abused. Persons with disabilities also suffered from discrimination in hiring.

Ethnic Hazaras, Sikhs, and Hindus faced discrimination in hiring and work assignments, in addition to broader social discrimination (see section 6, National/Racial/Ethnic Minorities).

e. Acceptable Conditions of Work

The minimum wage for permanent government workers was 6,500 Afghanis ($90) per month. There was no minimum wage for permanent workers in the private sector, but the minimum wage for workers in the nonpermanent private sector was 5,500 Afghanis ($76) per month. According to the Ministry of Economy, 52 percent of the population earned wages below the poverty line of 2,064 Afghanis ($30) per month.

The law defines the standard workweek for both public- and private-sector employees as 40 hours: eight hours per day with one hour for lunch and noon prayers. The labor law makes no mention of day workers in the informal sector, leaving them completely unprotected. There are no occupational health and safety regulations or officially adopted standards. The law, however, provides for reduced standard workweeks for children ages 15 to 17, pregnant women, nursing mothers, and miners and workers in other occupations that present health risks. The law provides workers with the right to receive wages, annual vacation time in addition to national holidays, compensation for on-the-job injuries, overtime pay, health insurance for the employee and immediate family members, and other incidental allowances. The law prohibits compulsory work without establishing penalties and stipulates that overtime work be subject to the agreement of the employee. The law also requires employers to provide day care and nurseries for children.

The government did not effectively enforce these laws. Inspectors had no legal authority to enter premises or impose penalties for violations. Resources, inspections, remediation, and penalties for violations were inadequate and insufficient to deter violations.

Employers often chose not to comply with the law or preferred to hire workers informally. Most employees worked longer than 40 hours per week, were frequently underpaid, and worked in poor conditions, particularly in the informal sector. Workers were generally unaware of the full extent of their labor rights under the law. Although comprehensive data on workplace accidents were unavailable, there were several reports of poor and dangerous working conditions. Some industries, such as brick kiln facilities, continued to use debt bondage, making it difficult for workers to remove themselves from situations of forced labor that endangered their health or safety.

India

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were reports that the government and its agents committed arbitrary or unlawful killings, including extrajudicial killings of suspected criminals and insurgents.

According to Ministry of Home Affairs 2017-18 data, the Investigation Division of the National Human Rights Commission (NHRC) reported 59 nationwide “encounter deaths,” a term used to describe any encounter between the security or police forces and alleged criminals or insurgents that resulted in a death. This number was less than the prior reporting period. The South Asian Terrorism Portal, run by the nonprofit Institute for Conflict Management, reported the deaths of 152 civilians, 142 security force members, and 377 terrorists or insurgents throughout the country as of September 23.

Reports of custodial death cases, in which prisoners or detainees were killed or died in police custody, continued. On March 14, Minister of State for Home Affairs Hansraj Gangaram Ahir told the upper house of parliament the NHRC registered 1,674 cases of custodial deaths between April 2017 and February. Approximately 1,530 were deaths in judicial custody, while 144 deaths occurred under police custody. According to the Asian Center for Human Rights’ Torture Update India report released on June 26, more than five custodial deaths per day occurred on average between April 2017 and February 28. This was an increase from 2001 to 2010, when an average of about four custodial deaths were recorded.

On July 22, authorities suspended a senior police officer in Rajasthan after cattle trader Rakbar Khan died in police custody. Villagers reportedly assaulted Khan on suspicion of cow smuggling before authorities picked him up. Police took four hours to transport Khan to a local hospital 2.5 miles away, reportedly stopping for tea along the way, according to media sources. Doctors declared Khan dead upon arrival. State authorities arrested three individuals in connection with the assault and opened a judicial inquiry into the incident; however, authorities filed no criminal charges as of August 20.

Killings by government and nongovernment forces, including organized insurgents and terrorists, were reported in the state of Jammu and Kashmir, northeastern states, and Maoist-affected areas of the country (see section 1.g.). In the state of Jammu and Kashmir, the Institute for Conflict Management recorded 213 fatalities from terrorist violence through June, compared with 317 for all of 2017.

On June 14, Rising Kashmir editor in chief Shujaat Bukhari and two police bodyguards were shot and killed by unidentified gunmen in Srinagar as they departed the office. A police investigation alleged militants targeted Bukhari in retaliation for his support of a government-backed peace effort.

On June 25, a judicial commission investigative report presented to the Madhya Pradesh state assembly justified the use of force in the killings of eight suspected members of the outlawed Students’ Islamic Movement of India after they escaped from a high-security prison in 2016. Police and prison authorities shot and killed the individuals after they allegedly killed a guard and escaped from Bhopal’s high-security prison.

As of August the Central Bureau of Investigation (CBI) filed charges against 20 Manipur Police personnel in response to a 2017 directive by the Supreme Court that the CBI should examine 87 of 1,528 alleged killings by police, army, and paramilitary forces between 1979 and 2012 in Manipur.

Under the Armed Forces Special Powers Act (AFSPA), a central government designation of a state or union territory as a “disturbed area” authorizes security forces in the state to use deadly force to “maintain law and order” and arrest any person “against whom reasonable suspicion exists” without informing the detainee of the grounds for arrest. The law also provides security forces immunity from civilian prosecution for acts committed in regions under the AFSPA, although in 2016 the Supreme Court concluded that every death caused by the armed forces in a disturbed area, whether of a common person or a terrorist, should be thoroughly investigated, adding that the law must be equally applied.

The AFSPA remained in effect in Nagaland, Manipur, Assam, and parts of Mizoram, and a version of the law was in effect in the state of Jammu and Kashmir. There was considerable public support for repeal of the AFSPA, particularly in areas that experienced a significant decrease in insurgent attacks. Human rights organizations also continued to call for the repeal of the law, citing numerous alleged human rights violations.

In July the UN special rapporteur on extrajudicial, summary, or arbitrary executions, and the special rapporteur on the situation of human rights defenders urged authorities to complete investigations into the alleged encounter killings after CBI officials failed to meet a third deadline on July 2 set by the Supreme Court for inquiries into the cases. The experts stated the government has an obligation to ensure prompt, effective, and thorough investigations into all allegations of potentially unlawful killings.

The NGO Commonwealth Human Rights Initiative noted in its 2016 report that, of 186 complaints of human rights violations reported against the armed forces in states under the AFSPA between 2012 and 2016, 49.5 percent were from the state of Jammu and Kashmir. The data supplied by the Ministry of Home Affairs under the Right to Information Act did not indicate, however, whether complaints were deemed to have merit.

The Office of the UN High Commissioner for Human Rights (OHCHR) published the Report on the Situation of Human Rights in Kashmir, documenting alleged violations committed by security forces from June 2016 to April 2018. The report estimated civilian deaths by security forces ranged from 130 to 145, and between 16 to 20 killings by armed groups. The government of Jammu and Kashmir reported 9,042 injured protesters and 51 persons killed between July 2016 and February 2017. The report called for the repeal of the AFSPA in all states and territories, and an international probe into the human rights situation in the Indian state.

Nongovernmental forces, including organized insurgents and terrorists, committed numerous killings and bombings in the state of Jammu and Kashmir, the northeastern states, and Maoist-affected areas (see section 1.g.). Maoists in Jharkhand and Bihar continued to attack security forces and key infrastructure facilities such as roads, railways, and communication towers.

b. Disappearance

There were allegations police failed to file required arrest reports for detained persons, resulting in hundreds of unresolved disappearances. Police and government officials denied these claims. The central government reported state government screening committees informed families about the status of detainees. There were reports, however, that prison guards sometimes required bribes from families to confirm the detention of their relatives.

Disappearances attributed to government forces, paramilitary forces, and insurgents occurred in areas of conflict during the year (see section 1.g.).

In February the UN Working Group on Enforced or Involuntary Disappearances informed the government about 16 newly reported cases of enforced disappearances that allegedly occurred between 1990 and 1999.

There were allegations of enforced disappearance by the Jammu and Kashmir police. Although authorities denied these charges and claimed no enforced disappearance cases had occurred since 2015, the Association of Parents of Disappeared Persons submitted inquiries for 639 cases of alleged disappearance in the state of Jammu and Kashmir. In July the Jammu and Kashmir State Human Rights Commission ordered its police wing to investigate these cases.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits torture, but there were reports that government officials, specifically police, employed such practices.

Police beatings of prisoners resulted in custodial deaths (see section 1.a.).

The law does not permit authorities to admit coerced confessions into evidence, but NGOs and citizens alleged authorities used torture to coerce confessions. In some instances, authorities submitted these confessions as evidence in capital cases. Authorities allegedly also used torture as a means to extort money or as summary punishment. According to human rights experts, the government continued to try individuals arrested and charged under the repealed Prevention of Terrorism Act and Terrorist and Disruptive Activities Act. Under the repealed laws, authorities treated a confession made to a police officer as admissible evidence in court.

On July 13, a 45-year-old Dalit man, B. Murthy, was found hanging in a police station in Mandya, Karnataka. According to several Dalit organizations, police suspected Murthy of being a motorcycle thief and tortured him in police custody. Four police officers were suspended for dereliction of duty. The Criminal Investigation Department took over the investigation of this death but at year’s end had not produced its findings.

On August 2, activist Talib Hussain was allegedly tortured in the custody of Samba police in the state of Jammu and Kashmir and suffered a fractured skull, according to the NGO Commonwealth Human Rights Initiative. Hussain was a witness in the gang rape and murder case of eight-year-old Asifa Bano (see section 6).

On March 9, the Odisha Human Rights Commission directed the state government to pay 300,000 rupees ($4,225) in compensation to the family of Abhay Singh, an antiques dealer, who died while in police custody in June 2017.

There were continued reports that police raped female and male detainees. The government authorized the NHRC to investigate rape cases involving police officers. By law the NHRC may also request information about cases involving the army and paramilitary forces, but it has no mandate to investigate those cases. NGOs claimed the NHRC underestimated the number of rapes committed in police custody. Some rape victims were unwilling to report crimes due to social stigma and the possibility of retribution, compounded by a perception of a lack of oversight and accountability, especially if the perpetrator was a police officer or other official. There were reports police officials refused to register rape cases.

Prison and Detention Center Conditions

Prison conditions were frequently life threatening, most notably due to inadequate sanitary conditions, lack of medical care, and extreme overcrowding.

Physical Conditions: Prisons were often severely overcrowded; and food, medical care, sanitation, and environmental conditions frequently were inadequate. Potable water was not universally available. Prisons and detention centers remained underfunded, understaffed, and lacked sufficient infrastructure. Prisoners were physically mistreated.

According to the National Crimes Records Bureau’s (NCRB) Prison Statistics India 2015 report, there were 1,401 prisons in the country with an authorized capacity of 366,781 persons. The actual incarcerated population was 419,623. Persons awaiting trial accounted for more than two-thirds of the prison population. The law requires detention of juveniles in rehabilitative facilities, although at times authorities detained them in adult prisons, especially in rural areas. Authorities often detained pretrial detainees along with convicted prisoners. In Uttar Pradesh occupancy at most prisons was two, and sometimes three, times the permitted capacity, according to an adviser appointed by the Supreme Court.

In 2017 Minister of State for Home Affairs Hansraj Gangaram Ahir informed the lower house of parliament there were 4,391 female jail staff for a population of 17,834 female prisoners as of 2015. On May 21, the NHRC issued notices to all states and union territories seeking statistical reports on the number of children who live with their mothers in jails. The commission issued notices based on a media report that 46 children, including 25 boys and 21 girls, were in jails with their mothers.

On February 5, the Karnataka state government filed an affidavit before the Karnataka High Court stating that 48 unnatural deaths occurred in the state’s prisons between January 2012 and October 2017; of these, compensation was paid in one case.

On June 20, prosecutors filed murder, conspiracy, criminal intimidation, and destruction of evidence charges against the jail warden and five other prison officials for the 2017 death of Manjula Shetye, a female convict in Mumbai. The officials were arrested in 2017 for allegedly assaulting Shetye following her complaint about inadequate food. A government doctor who signed the death certificate was suspended.

Administration: Authorities permitted visitors limited access to prisoners, although some family members claimed authorities denied access to relatives, particularly in conflict areas, including the state of Jammu and Kashmir.

Independent Monitoring: The NHRC received and investigated prisoner complaints of human rights violations throughout the year, but civil society representatives believed few prisoners filed complaints due to fear of retribution from prison guards or officials. In March media reported the NHRC completed its investigative report that confirmed torture allegations by 21 inmates on trial in a jail in Bhopal. The report allegedly recommended appropriate legal action be taken against the jail authorities and the doctor involved in the torture and its cover up.

Authorities permitted prisoners to register complaints with state and national human rights commissions, but the authority of the commissions extended only to recommending that authorities redress grievances. Government officials reportedly often failed to comply with a Supreme Court order instructing the central government and local authorities to conduct regular checks on police stations to monitor custodial violence.

In many states the NHRC made unannounced visits to state prisons, but NHRC jurisdiction does not extend to military detention centers. An NHRC special rapporteur visited state prisons to verify that authorities provided medical care to all inmates. The rapporteur visited prisons on a regular basis throughout the year but did not release a report to the public or the press.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but both occurred during the year. Police also used special security laws to postpone judicial reviews of arrests. Pretrial detention was arbitrary and lengthy, sometimes exceeding the duration of the sentence given to those convicted.

According to human rights NGOs, some police used torture, mistreatment, and arbitrary detention to obtain forced or false confessions. In some cases police reportedly held suspects without registering their arrests and denied detainees sufficient food and water.

ROLE OF THE POLICE AND SECURITY APPARATUS

The 29 states and seven union territories have primary responsibility for maintaining law and order, with policy oversight from the central government. Police are under state jurisdiction. The Ministry of Home Affairs controls most paramilitary forces, the internal intelligence bureaus, and national law enforcement agencies, and provides training for senior officials from state police forces. According to Human Rights Watch (HRW), cases of arbitrary arrest, torture, and forced confessions by security forces remained common. Police continued to be overworked, underpaid, and subject to political pressure, in some cases contributing to corruption. The HRW 2018 India country report found that lack of accountability for past abuses committed by security forces persisted even as there were new allegations of torture and extrajudicial killings, including in the states of Uttar Pradesh, Haryana, Chhattisgarh, and Jammu and Kashmir.

The effectiveness of law enforcement and security forces varied widely throughout the country. According to the law, courts may not hear a case against a police officer unless the central or state government first authorizes prosecution. Nonetheless, NGOs reported that, in many instances, police refused to register victims’ complaints, termed “first information reports,” on crimes reported against officers, effectively preventing victims from pursuing justice. Additionally, NGOs reported that victims were sometimes reluctant to report crimes committed by police due to fear of retribution. There were cases of officers at all levels acting with impunity, but there were also cases of security officials being held accountable for illegal actions. Military courts investigated cases of abuse by the armed forces and paramilitary forces. Authorities tried cases against law enforcement officers in public courts but occasionally did not adhere to due process. Authorities sometimes transferred officers after convicting them of a crime.

The NHRC recommended the Criminal Investigations Department of the state police investigate all deaths that take place during police pursuits, arrests, or escape attempts. Many states did not follow this nonbinding recommendation and continued to conduct internal reviews at the discretion of senior officers.

While NHRC guidelines call for state governments to report all cases of deaths from police actions to the NHRC within 48 hours, state governments did not consistently adhere to those guidelines. The NHRC also called for state governments to provide monetary compensation to families of victims, but the state governments did not consistently adhere to this practice. Authorities did not require the armed forces to report custodial deaths to the NHRC.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

In cases other than those involving security risks, terrorism, insurgency, or cases arising in the state of Jammu and Kashmir, police may detain an individual without charge for up to 30 days, although an arrested person must be brought before a judge within 24 hours of arrest. Lengthy arbitrary detention remained a significant problem due to overburdened and under-resourced court systems and a lack of legal safeguards.

Arraignment of detainees must occur within 24 hours unless authorities hold the suspect under a preventive detention law. The law allows police to summon individuals for questioning, but it does not grant police prearrest investigative detention authority. There were incidents in which authorities allegedly detained suspects beyond legal limits. By law authorities must allow family members access to detainees, but this was not always observed.

Other than in the state of Jammu and Kashmir, the National Security Act allows police to detain persons considered security risks without charge or trial for as long as one year. The law allows family members and lawyers to visit national security detainees and requires authorities to inform a detainee of the grounds for detention within five days, or 10 to 15 days in exceptional circumstances. Nonetheless, rights activists noted provisions allowing detainees to meet family or lawyers were not followed in practice, especially in the states of Orissa, Manipur, Andhra Pradesh, and Maharashtra.

On September 14, Chandrashekhar Azad, leader of the pro-Dalit organization Bhim Army, was released from jail. Azad was arrested in June 2017, following clashes between Dalits and security forces that left one dead and many injured in the Saharanpur district of Uttar Pradesh. In November 2017 Azad was charged under the National Security Act after the Allahabad High Court granted him bail, and he was held for 10 months under the act before being released.

The Public Safety Act (PSA), which applies only in the state of Jammu and Kashmir, permits state authorities to detain persons without charge or judicial review for up to two years without visitation from family members. Authorities in the state of Jammu and Kashmir allowed detainees access to a lawyer during interrogation, but police allegedly and routinely employed arbitrary detention and denied detainees access to lawyers and medical attention.

Authorities must promptly inform persons detained on criminal charges of the charges against them and of their right to legal counsel. By law a magistrate may authorize the detention of an accused person for a period of no more than 90 days prior to filing charges. Under standard criminal procedure, authorities must release the accused on bail after 90 days if charges are not filed. NCRB data from 2015 showed most individuals awaiting trial spent more than three months in jail before they could secure bail, and nearly 65 percent spent between three months and five years before being released on bail.

The law also permits authorities to hold a detainee in judicial custody without charge for up to 180 days (including the 30 days in police custody). The Unlawful Activities Prevention Act (UAPA), which gives authorities the ability to detain persons without charge in cases related to insurgency or terrorism for up to 180 days, makes no bail provisions for foreign nationals and allows courts to deny bail in the case of detained citizens of the country. It presumes the accused to be guilty if the prosecution can produce evidence of the possession of arms or explosives, or the presence of fingerprints at a crime scene, regardless of whether authorities demonstrate criminal intent. State governments also reportedly held persons without bail for extended periods before filing formal charges under the UAPA.

On August 28, Maharashtra police detained five human rights activists in connection with an alleged plot to overthrow the government and assassinate the prime minister. All five asserted wrongful arrest and detention, and further claimed that the arrests were intended to muzzle voices of dissent, as all five activists were active in protesting arrests of other human rights defenders. Maharashtra police synchronized police actions with counterparts across the country to arrest Varavara Rao in Hyderabad, Vernon Gonsalves and Arun Ferreira in Mumbai, Gautam Navlakha in New Delhi, and Sudha Bharadwaj in Faridabad under the UAPA. Police alleged the activists were part of a Maoist conspiracy to incite violence at a public rally that led to violent caste-related clashes in Maharashtra in December 2017. On August 29, the Supreme Court directed the Maharashtra police to place the detained individuals under house arrest instead of in jail and cautioned that if the country did not allow dissent to be the safety valve of democracy, “the pressure cooker will burst.” On October 27, the Supreme Court declined a request to extend the house arrest. On the same day, a Pune Court rejected their bail applications, and the Maharashtra Police placed Gonsalves, Pereira, and Bharadwaj in jail.

Arbitrary Arrest: The law prohibits arbitrary arrest or detention, but in some cases police reportedly continued to arrest citizens arbitrarily. There were reports of police detaining individuals for custodial interrogation without identifying themselves or providing arrest warrants.

Pretrial Detention: NCRB data reported 293,058 prisoners were awaiting trial at the end of 2016. In July 2017 Amnesty International released a report on pretrial detention in the country, noting that shortages of police escorts, vehicles, and drivers caused delays in bringing prisoners to trial. According to the Amnesty report, the pretrial population is composed of a disproportionate amount of Muslims, Dalits, and Adivasis who made up 53 percent of prisoners awaiting trial. A committee convened by the Maharashtra government on orders of the Bombay High Court found persons awaiting trial during the year accounted for 73 percent of the prison population.

The government continued efforts to reduce lengthy detentions and alleviate prison overcrowding by using “fast track” courts, which specified trial deadlines, provided directions for case management, and encouraged the use of bail. Some NGOs criticized these courts for failing to uphold due process and requiring detainees unable to afford bail to remain in detention.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence, but judicial corruption was widespread.

The judicial system remained seriously overburdened and lacked modern case management systems, often delaying or denying justice. According to Department of Justice statistics released in September, there were 427 judicial vacancies out of a total of 1,079 judicial positions on the country’s 24 high courts.

TRIAL PROCEDURES

The law provides for the right to a fair and public trial, except in proceedings that involve official secrets or state security. Defendants enjoy the presumption of innocence, except as described under UAPA conditions, and may choose their counsel. The constitution specifies the state should provide free legal counsel to defendants who cannot afford it to ensure that opportunities for securing justice are not denied to any citizen, but circumstances often limited access to competent counsel. An overburdened justice system resulted in lengthy delays in court cases, with disposition sometimes taking more than a decade.

There were reported cases in which police denied suspects the right to meet with legal counsel as well as cases in which police unlawfully monitored suspects’ conversations and violated their confidentiality rights.

While defendants have the right to confront accusers and present their own witnesses and evidence, defendants sometimes did not exercise this right due to lack of proper legal representation. Defendants have the right not to testify or confess guilt. Courts must announce sentences publicly, and there are effective channels for appeal at most levels of the judicial system.

POLITICAL PRISONERS AND DETAINEES

There were reports of political prisoners and detainees. NGOs reported the state of Jammu and Kashmir held political prisoners and temporarily detained individuals under the PSA. The Jammu and Kashmir state government reported that more than 1,000 prisoners were detained under the PSA between March 2016 and August 2017. According to the Jammu and Kashmir High Court Bar Association, political prisoners made up one-half of all state detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals, or NGOs on behalf of individuals or groups, may file public-interest litigation (PIL) petitions in any high court or directly to the Supreme Court to seek judicial redress of public injury. Grievances may include a breach of public duty by a government agent or a violation of a constitutional provision. NGOs credited PIL petitions with making government officials accountable to civil society organizations in cases involving allegations of corruption and partiality.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

While the constitution does not contain an explicit right to privacy, the Supreme Court has found such a right implicit in other constitutional provisions. In August 2017 the Supreme Court ruled that privacy is a “fundamental right” in a case involving government collection of biographical information.

The law, with some exceptions, prohibits arbitrary interference. The government generally respected this provision, although, at times, authorities infringed upon the privacy rights of citizens. The law requires police to obtain warrants to conduct searches and seizures, except for cases in which such actions would cause undue delay. Police must justify warrantless searches in writing to the nearest magistrate with jurisdiction over the offense.

On August 8, Minister of State for Electronics and Information Technology S.S. Ahluwalia told the lower house of parliament the existing legislation and policies relating to privacy and data security were “insufficient,” according to recommendations the Telecom Regulatory Authority of India released on July 18.

Both the central and state governments intercepted communications under legal authority. The Group of Experts on Privacy convened in 2012 by the Government of India Planning Commission, the most recent review available, noted the differences between two provisions of law (section 5(2) of the Telegraph Act 1885 and section 69 of the Information Technology Act 2000, as amended) had created an unclear regulatory regime that was, according to the report, “inconsistent, nontransparent, prone to misuse, and does not provide remedy or compensation to aggrieved individuals.”

In addition the UAPA also allows use of evidence obtained from intercepted communications in terrorist cases. In the states of Jammu and Kashmir, Punjab, and Manipur, security officials have special authorities to search and arrest without a warrant.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution provides for freedom of expression, but it does not explicitly mention freedom of the press. The government generally respected this right, although there were several instances in which the government or actors considered close to the government allegedly pressured or harassed media outlets critical of the government, including through online trolling. There were also reports of extremists perpetrating acts of killing, violence, and intimidation against journalists critical of the government.

Freedom of Expression: Individuals routinely criticized the government publicly and privately. According to HRW, however, sedition and criminal defamation laws were sometimes used to prosecute citizens who criticized government officials or opposed state policies. In certain cases local authorities arrested individuals under laws against hate speech for expressions of political views. Freedom House, in its most recent report, asserted that freedom of expression was eroding in the country noted the government’s silence regarding direct attacks on free speech. In some instances the government reportedly withheld public-sector advertising from outlets that criticized the government, causing some outlets to practice self-censorship. According to media watchdog The Hoot, media freedom continued to deteriorate in the first quarter of the year. Between January and April, The Hoot detailed three journalists killed, 13 attacks on journalists, 50 instances of censorship, seven defamation cases, and more than 20 instances of suspension of internet services, as well as the taking down of online content. In 2017 reporting by The Hoot detailed 11 journalists killed, 46 alleged attacks on journalists, 77 internet shutdowns, and 20 sedition cases against 335 individuals.

On July 2, Tamil Nadu police registered a case against a human rights activist and a documentary filmmaker following the launch of a trailer for her upcoming documentary Orutharum Varala (“No one came”), which focused on the plight of victims of Cyclone Ockhi, a storm that hit Tamil Nadu in November 2017. Police charged her for promoting enmity between groups and insulting the national flag. According to media reports, police personnel searched her house without a warrant. At year’s end she remained under conditional bail.

In September 2017 Akhil Gogoi, a right to information activist and president of the anticorruption organization Krishak Mukti Sangram Samiti, was arrested in Assam on charges of sedition and labelled a Maoist by the government a day after he gave a speech criticizing various policies of the ruling BJP party. In December 2017 Guwahati High Court ordered Gogoi’s release.

Press and Media Freedom: Independent media were active and generally expressed a wide variety of views. The law prohibits content that could harm religious sentiments or provoke enmity among groups, and authorities invoked these provisions to restrict print media, broadcast media, and publication or distribution of books.

According to a number of journalists, press freedom declined during the year. There were a number of reports, including from journalists and NGOs, that government officials, both at the local and national levels, were involved in silencing or intimidating critical media outlets through physical harassment/attacks, pressuring owners, targeting sponsors, and encouraging frivolous lawsuits.

The 2018 World Press Freedom Index identified physical attacks on journalists and online “trolls” as major areas of concern, noting, “with Hindu nationalists trying to purge all manifestations of ‘anti-national’ thought from the national debate, self-censorship is growing in the mainstream media and journalists are increasingly the targets of online smear campaigns by the most radical nationalists, who vilify them and even threaten physical reprisals.” The report also noted at least three journalists were killed in 2017 in connection with their work, as well as three in March. The report highlighted the use of Section 124a of the penal code, which includes sedition punishable by life imprisonment, to gag journalists.

The Editors Guild of India claimed the government limited press freedom by exerting political pressure and blocking television transmissions. In January Chandigarh-based The Tribune reported on privacy and security flaws in the government’s Aadhaar identity program, leading to the subsequent firing of its editor in chief Harish Khare after government pressure reportedly was brought to bear on the newspaper. Starting in January, Tamil Nadu media reported state-run Arasu Cable Network blocked several television channels’ live coverage of antigovernment protests for periods varying from a day to several months, and on May 22, it blocked coverage of police firing on protesters at a demonstration against the Sterlite copper smelting plant in Thoothukudi, Tamil Nadu.

The government maintained a monopoly on AM radio stations, limiting broadcasting to the state-owned All India Radio, and restricted FM radio licenses for entertainment and educational content. Widely distributed private satellite television provided competition for Doordarshan, the government-owned television network. There were some accusations of political interference in the state-owned broadcasters. State governments banned the import or sale of some books due to material that government censors deemed could be inflammatory or provoke communal or religious tensions.

Violence and Harassment: There were numerous instances of journalists and members of media being threatened or killed in response to their reporting. Police rarely identified suspects involved in the killing of journalists. A 2017 report by the Press Council of India highlighted that at least 80 journalists had been killed since 1990 and only one conviction had been made.

In March, Sandeep Sharma, a News World channel reporter investigating illegal sand mining in Madhya Pradesh, was run over by a dump truck shortly after filing an intimidation complaint against a police officer whom he accused of being in league with local criminal organizations. In July, Ahmedabad police beat DNA India photographer Praveen Indrekar while he was reporting on a police crackdown on illegal liquor sales.

Reporters were also attacked while covering elections. On April 9, Biplab Mondal, a photojournalist with the Times of India, and Manas Chattopadhyay, a reporter with regional television channel ETV Bharat, along with several other journalists, were assaulted by alleged Trinamool Congress loyalists while covering the process of filing nomination papers for local elections in West Bengal.

Online and mobile harassment was especially prevalent, and incidents of internet “trolling,” or making deliberately offensive or provocative online posts with the aim of upsetting someone, continued to rise. Journalists were threatened with violence and, in the case of female journalists, rape. On May 22, Rana Ayyub, a Mumbai-based independent journalist, wrote in the New York Times that after she criticized the prime minister’s policies towards minorities and lower-caste groups, she was targeted by “a coordinated social media campaign that slut shames, deploys manipulated images with sexually explicit language, and threatens rape.”

In September 2017 senior journalist and activist Gauri Lankesh was shot and killed by three assailants at her home in Bengaluru. At year’s end 16 individuals were arrested in connection with the case, without formal charges being filed, and the investigation continued.

Censorship or Content Restrictions: In August internet news portal The Wire reported the government disrupted the broadcast signal of ABP News and pressured the outlet into sidelining several of its journalists, including its editor in chief, in response to a story that claimed inaccuracies in one of the prime minister’s speeches. ABP anchor Punya Prasoon Vajpai and editor Milind Khandekar resigned, and the Editors Guild of India demanded action against officials for “throttling media freedom.”

Libel/Slander Laws: Individuals continued to be charged with posting offensive or derogatory material on social media. The NGO Freedom House noted that more than 20 individuals were detained for online comments about religion or political issues ranging from a water dispute between Karnataka and Tamil Nadu to the government’s demonetization policy. In August a 24-year-old was arrested for posting “abusive” comments against Karnataka Chief Minister H.D. Kumaraswamy on social media.

National Security: In some cases government authorities cited laws protecting national interest to restrict media content. In August numerous outlets reported that the Indian Department of Telecom was seeking the views of telecom companies, industry associations, and other stakeholders on how to block mobile apps, including Facebook, WhatsApp, Telegram, and Instagram, “in cases where national security or public order are under threat.”

INTERNET FREEDOM

There were government restrictions on access to the internet, disruptions of access to the internet, and censorship of online content. There were also reports the government occasionally monitored users of digital media, such as chat rooms and person-to-person communications. The law permits the government to block internet sites and content and criminalizes sending messages the government deems inflammatory or offensive. Both central and state governments have the power to issue directions for blocking, intercepting, monitoring, or decrypting computer information.

In 2015 the Supreme Court overturned some provisions of information technology law that restricted content published on social media, but it upheld the government’s authority to issue orders to block online content “in the interest of sovereignty and integrity of India, defense of India, security of the State, and friendly relations with foreign states or public order” without court approval. In August 2017 the Ministry of Communications announced new rules allowing the government to shut telephone and internet services temporarily during a “public emergency” or for “public safety.”

According to media reports, as of August central and state governments temporarily shut down the internet in different locations across the country 95 times, the highest figure recorded and more than the total figure for 2017. Internet access and services were frequently curtailed during periods of violence and curfew in the state of Jammu and Kashmir and occasionally in other parts of the country, particularly Rajasthan, Uttar Pradesh, Maharashtra, and Bihar. According to HRW, authorities sometimes failed to follow legal procedures and in some instances ordered shutdowns unnecessarily.

Requests for user data from internet companies continued to rise, and according to Facebook’s Transparency report, the government made 22,024 data requests in 2017, a 61.7-percent rise from 2016. Google also highlighted an increase in government requests for user data in its 2017 Transparency Report, receiving 14,932 user-data disclosure requests. Twitter reported 576 account information requests from the government during the same period.

In July the government announced that as many as 1,662 defamatory websites had been blocked on social media platforms following requests from law enforcement agencies. Officials stated the government blocked 956 sites on Facebook, 409 on Twitter, and 152 on YouTube, among others. The number of blocked URLs has grown annually, with more than double the number of URLs blocked in 2017 compared with previous years.

Freedom House, in its 2018 India Country Report, rated the country “partly free” with respect to internet user rights. The report documented arrests of internet users and group administrators for content distributed on social media accounts, including WhatsApp, and stated officials detained more than 20 individuals for online comments about religious or political issues.

The Central Monitoring System (CMS) continued to allow governmental agencies to monitor electronic communications in real time without informing the subject or a judge. The CMS is a mass electronic surveillance data-mining program installed by the Center for Development of Telematics, a government-owned telecommunications technology development center. The CMS gives security agencies and income tax officials centralized access to the telecommunication network and the ability to hear and record mobile, landline, and satellite telephone calls and Voice over Internet Protocol, to read private emails and mobile phone text messages, and to track geographical locations of individuals in real time. Authorities can also use it to monitor posts shared on social media and track users’ search histories on search engines, without oversight by courts or parliament. This monitoring facility was available to nine security agencies, including the Intelligence Bureau, the Research and Analysis Wing, and the Ministry of Home Affairs. The law governing interception and monitoring provides an oversight mechanism to prevent unauthorized interceptions. Punishment for unauthorized interception includes fines, a maximum prison sentence of three years, or both.

ACADEMIC FREEDOM AND CULTURAL EVENTS

The government occasionally applied restrictions on the travel and activities of visiting foreign experts and scholars. Academics continued to face threats and pressure for expressing controversial views. In July, The Wire reported the Delhi University administration canceled a magazine launch and panel discussion by Delhi University students on the freedom of expression allegedly due to pressure from the Akhil Bharatiya Vidyarthi Parishad, a Hindu right-wing student association.

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of assembly. Authorities often required permits and notification before parades or demonstrations, and local governments generally respected the right to protest peacefully. The state of Jammu and Kashmir was an exception, where the state government sometimes denied permits to separatist political parties for public gatherings, and security forces reportedly occasionally detained and assaulted members of political groups engaged in peaceful protest (see section 1.g.). During periods of civil unrest in the state of Jammu and Kashmir, authorities used the law to ban public assemblies and impose curfews.

Security forces, including local police, often disrupted demonstrations and reportedly used excessive force when attempting to disperse protesters. On May 22, Tamil Nadu police opened fire on protesters who were demanding the closure of the Sterlite copper smelting plant at Thoothukudi, Tamil Nadu, killing 15 individuals. The Tamil Nadu government claimed the police only fired on individuals who used logs and petrol bombs to set fire to vehicles during the protests.

There were sometimes restrictions on the organization of international conferences. Authorities required NGOs to secure approval from the central government before organizing international conferences. Authorities routinely granted permission, although in some cases the approval process was lengthy. Some human rights groups claimed this practice provided the government tacit control over the work of NGOs and constituted a restriction on freedoms of assembly and association.

FREEDOM OF ASSOCIATION

The law provides for freedom of association. While the government generally respected this right, the government’s increased monitoring and regulation of NGOs that received foreign funding caused concern. In certain cases the government required “prior approval” for some NGOs to receive foreign funds, suspended foreign banking licenses, or froze accounts of NGOs that allegedly received foreign funding without the proper clearances or that mixed foreign and domestic funding, and in other instances canceled or declined to renew Foreign Contributions (Regulation) Act (FCRA) registrations. On April 3, Minister of State for Home Affairs Kiran Rijiju informed the lower house of parliament that the government had canceled the registration of more than 14,000 NGOs in the last four years, although some of the cancellations reportedly pertained to defunct organizations. Some human rights organizations claimed these actions were sometimes used to target specific NGOs.

Some NGOs reported an increase in random FCRA compliance inspections by Ministry of Home Affairs officials who they said were purportedly under pressure to demonstrate strict enforcement of the law. FCRA licenses were also reportedly canceled periodically based on nonpublic investigations by the Intelligence Bureau. On June 1, the Ministry of Home Affairs launched an online tool to facilitate real-time monitoring of foreign funds deposited into NGO bank accounts. On June 5, it announced NGOs found in violation of FCRA provisions would be assessed a civil fine instead of having their licenses canceled or suspended. The rules, however, were not applicable retroactively. Some NGOs reported the new rules would severely affect smaller organizations that would be unable to pay the steep penalties–amounting to 10 percent of their total funds–and that did not have the compliance expertise, leaving only large entities able to maintain their FCRA licenses.

Some NGOs alleged they were targeted as a reprisal for their work on “politically sensitive” issues like human rights or environmental activism. The Center for Promotion of Social Concerns (CPSC) and its partner program unit People’s Watch continued court proceedings against the nonrenewal of their FCRA license. A September 12 report by the UN secretary general cited the use of FCRA regulations to “restrict the work of NGOs cooperating with the United Nations, for example by a refusal to renew or grant licenses, including for the CPSC.”

On October 25, the Enforcement Directorate (ED), a government agency that investigates financial crimes, raided the premises of Amnesty International India’s Bengaluru office and froze its bank accounts on suspicion that it had violated foreign funding guidelines. Aakar Patel, Amnesty International India’s executive director stated, “The Enforcement Directorate’s raid on our office today shows how the authorities are now treating human rights organizations like criminal enterprises, using heavy-handed methods that are commonly found in repressive states. Our staff have been harassed and intimidated.” The searches came days after the ED searched the premises of environmental nonprofit Greenpeace India in Bengaluru on October 12, also for allegedly violating foreign funding rules. Greenpeace India refuted the allegations stating, “This seems to be part of a larger design to muzzle democratic dissent in the country.”

In February the Public Health Foundation of India (PHFI), a public-health advocacy group, was placed in the “prior permission” category, requiring the organization to seek permission from the Ministry of Home Affairs each time it wanted to receive and use funds from foreign sources. The Ministry of Home Affairs indicated the center and state governments would review PHFI’s use of foreign funds quarterly and that the investigation into PHFI’s alleged FCRA violations would continue.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected these rights. In 2015 the implementation of a land-boundary agreement between India and Bangladesh enfranchised more than 50,000 previously stateless residents, providing access to education and health services.

The country hosts a large refugee population, including 108,005 Tibetan refugees and approximately 90,000 refugees from Sri Lanka. The government generally allows the Office of the UN High Commissioner for Refugees (UNHCR) to assist asylum seekers and refugees from noncontiguous countries and Burma. In many cases refugees and asylum seekers under UNHCR’s mandate reported increased challenges regularizing their status through long-term visas and residence permits. Rohingya refugees were registered by UNHCR but not granted legal status by the government.

Abuse of Migrants, Refugees, and Stateless Persons: The law does not contain the term “refugee,” treating refugees like any other foreigners. Undocumented physical presence in the country is a criminal offense. Persons without documentation were vulnerable to forced returns and abuse.

The courts protected refugees and asylum seekers in accordance with the constitution.

Refugees reported exploitation by nongovernment actors, including assaults, gender-based violence, fraud, and labor exploitation. Problems of domestic violence, sexual abuse, and early and forced marriage also continued. Gender-based violence and sexual abuse were common in camps for Sri Lankans. Most urban refugees worked in the informal sector or in occupations such as street vending, where they suffered from police extortion, nonpayment of wages, and exploitation.

UNHCR and NGOs observed an increase in antirefugee (specifically anti-Rohingya) rhetoric throughout the year in advance of state and 2019 national elections, which reportedly led to an increased sense of insecurity in refugee communities. On October 4, the Supreme Court rejected a plea to stop the deportation of seven Rohingya immigrants from Assam. The court noted the individuals, held in an Assam jail since 2012, were arrested by Indian authorities as illegal immigrants and that Burma was ready to accept them as their nationals. According to media reports, the nationality of the immigrants was confirmed after the Burmese government verified their addresses in Rakhine State. Rights groups said the government’s decision to deport them placed them at risk of oppression and abuse. According to HRW, the government deported the seven ethnic Rohingya Muslims to Burma where “they are at grave risk of oppression and abuse.” HRW further noted, “The Indian government has disregarded its long tradition of protecting those seeking refuge within its borders.”

In-country Movement: The central government relaxed restrictions on travel by foreigners to Arunachal Pradesh, Nagaland, Mizoram, Manipur, and parts of Jammu and Kashmir, excluding foreign nationals from Pakistan, China, and Burma. The Ministry of Home Affairs and state governments required citizens to obtain special permits upon arrival when traveling to certain restricted areas.

Foreign Travel: The government may legally deny a passport to any applicant for engaging in activities outside the country “prejudicial to the sovereignty and integrity of the nation.”

The trend of delaying issuance and renewal of passports to citizens from the state of Jammu and Kashmir continued, sometimes up to two years. The government reportedly subjected applicants born in the state of Jammu and Kashmir, including children born to military officers deployed in the state, to additional scrutiny and police clearances before issuing them passports.

Citizenship: On July 31, the government of Assam published the final draft of the National Register of Citizens (NRC), a document intended to define individuals with a claim to citizenship in a state that experienced an influx of foreigners in 1971. In 1985 the government declared that anyone who entered Assam without proper documentation after March 24, 1971, would be declared a foreigner. The names of four million residents were excluded from the final draft list, leading to uncertainty over the status of these individuals, many of whose families had lived in the state for several generations. Individuals will be required to go through an appeals process to have their names included in the final list of Indian citizens. The Supreme Court is overseeing the process, and four million individuals were given 60 days from September 25 to file a claim or objection. On September 24, ruling BJP party president Amit Shah called Bangladeshis who may be in Assam “termites” who will be struck from the list of citizens.

INTERNALLY DISPLACED PERSONS

Authorities located IDP settlements throughout the country, including those containing groups displaced by internal armed conflicts in the state of Jammu and Kashmir, Maoist-affected areas, the northeastern states (see section 1.g.), and Gujarat. The 2018 annual report of the Internal Displacement Monitoring Center asserted 806,000 individuals were displaced because of conflict and violence as of December 2017, with 78,000 new displacements due to conflict in 2017. Estimating precise numbers of those displaced by conflict or violence was difficult, because the government does not monitor the movements of displaced persons, and humanitarian and human rights agencies had limited access to camps and affected regions. While authorities registered residents of IDP camps, an unknown number of displaced persons resided outside the camps. Many IDPs lacked sufficient food, clean water, shelter, and health care (see section 1.g., Other Conflict-related Abuse).

National policy or legislation did not address the issue of internal displacement resulting from armed conflict or from ethnic or communal violence. The welfare of IDPs was generally the purview of state governments and local authorities, allowing for gaps in services and poor accountability. The central government provided limited assistance to IDPs, but they had access to NGOs and human rights organizations, although neither access nor assistance was standard for all IDPs or all situations.

NGOs estimated Gotti Koya tribe members displaced due to prior paramilitary operations against Maoists numbered 50,000 in Chhattisgarh and 27,000 in Telangana and Andhra Pradesh. In October 2017 the Hyderabad High Court directed the Telangana government not to displace the Gotti Koya tribal members or demolish their dwelling units.

PROTECTION OF REFUGEES

Refoulement: The government detained Rohingya in many of the northeastern states of the country. For example, after serving the allotted time for illegal entry into the country, the government obtained travel permits for seven Rohingya refugees from Burmese authorities and, according to media reports on October 4, the seven Rohingya were transported from prison to the border town of Moreh in Manipur state to be deported.

In July, Minister of State Kiren Rijiju informed the lower house of parliament that the Ministry of Home Affairs instructed state governments to identify Rohingya migrants through the collection of biometric data. The Ministry of Home Affairs directed state governments to monitor Rohingya and restrict their movements to specific locations. The government advocated for the return of Rohingya migrants to Burma.

Access to Asylum: Absent a legal framework, the government sometimes granted asylum on a situational basis on humanitarian grounds in accordance with international law. This approach resulted in varying standards of protection for different refugee and asylum seeker groups. The government recognized refugees from Tibet and Sri Lanka and honored UNHCR decisions on refugee status determination for individuals from other countries, including Afghanistan.

UNHCR did not have an official agreement with the government but maintained an office in New Delhi where it registered refugees and asylum seekers from noncontiguous countries and Burma, made refugee status determinations, and provided some services. The office’s reach outside of New Delhi was limited, however. The government permitted UNHCR staff access to refugees in other urban centers and allowed it to operate in Tamil Nadu to assist with Sri Lankan refugee repatriation. Authorities did not permit UNHCR direct access to Sri Lankan refugee camps, Tibetan settlements, or asylum seekers in Mizoram, but it did permit asylum seekers from Mizoram to travel to New Delhi to meet UNHCR officials. Refugees outside New Delhi faced added expense and time to register their asylum claims.

The government generally permitted other NGOs, international humanitarian organizations, and foreign governments access to Sri Lankan refugee camps and Tibetan settlements, but it generally denied access to asylum seekers in Mizoram. The government denied requests for some foreigners to visit Tibetan settlements in Ladakh.

After the end of the Sri Lankan civil war, the government ceased registering Sri Lankans as refugees. The Tamil Nadu government assisted UNHCR by providing exit permission for Sri Lankan refugees to repatriate voluntarily. The benefits provided to Sri Lankan Tamil refugees by the state government of Tamil Nadu were applicable only within the state. The central government approved the extension of funding to run the camps until 2020.

Employment: The government granted work authorization to many UNHCR-registered refugees, and others found employment in the informal sector. Some refugees reported discrimination by employers.

Access to Basic Services: Although the country generally allowed recognized refugees and asylum seekers access to housing, primary and secondary education, health care, and the courts, access varied by state and by population. Refugees were able to use public services, although access became more complicated during the year because many refugees were unable to acquire the digitized identity (Aadhaar) card necessary to use some services. In cases where refugees were denied access, it was often due to a lack of knowledge of refugee rights by the service provider. In many cases UNHCR was able to intervene successfully and advocate for refugee access. The government allowed UNHCR-registered refugees and asylum seekers to apply for long-term visas that would provide work authorization and access to higher education, although the rate of renewal for long-term visas slowed significantly. For undocumented asylum seekers, UNHCR provided a letter upon registration indicating the person was under consideration for UNHCR refugee status.

The government did not fully complete a 2012 Ministry of Home Affairs directive to issue long-term visas to Rohingya. It has reportedly slowed renewals for those with long-term visas significantly, limiting access to formal employment in addition to education, health services, and bank accounts.

Sri Lankan refugees were permitted to work in Tamil Nadu. Police, however, reportedly summoned refugees back into the camps on short notice, particularly during sensitive political times such as elections, and required refugees or asylum seekers to remain in the camps for several days.

Government services such as mother and child health programs were available. Refugees were able to request protection from police and courts as needed.

The government did not accept refugees for resettlement from other countries.

STATELESS PERSONS

By law parents confer citizenship, and birth in the country does not automatically result in citizenship. Any person born in the country on or after January 26, 1950, but before July 1, 1987, obtained Indian citizenship by birth. A child born in the country on or after July 1, 1987, obtained citizenship if either parent was an Indian citizen at the time of the child’s birth. Authorities consider those born in the country on or after December 3, 2004, citizens only if at least one parent was a citizen and the other was not illegally present in the country at the time of the child’s birth. Authorities considered persons born outside the country on or after December 10, 1992, citizens if either parent was a citizen at the time of birth, but authorities do not consider those born outside the country after December 3, 2004, citizens unless their birth was registered at an Indian consulate within one year of the date of birth. Authorities can also confer citizenship through registration under specific categories and via naturalization after residing in the country for 12 years. Tibetans reportedly sometimes faced difficulty acquiring citizenship despite meeting the legal requirements.

The Assam state government began a process to update the NRC to determine who has legal claim to citizenship in the country, and who is determined to have migrated illegally per a 2014 Supreme Court order. According to official reports, the government has excluded an estimated four million persons from the NRC draft list published on July 30. The central and state governments indicated that all persons not listed were able to file claims and objections for 60 days from September 25. The future legal status of those excluded is not clear. Many individuals may be declared citizens at the end of the process, while others may be at risk of statelessness.

According to UNHCR and NGOs, the country had a large population of stateless persons, but there were no reliable estimates. Stateless populations included Chakmas and Hajongs, who entered the country in the early 1960s from present-day Bangladesh, and groups affected by the 1947 partition of the subcontinent into India and Pakistan. In September 2017 the central government stated it would appeal to the Supreme Court to review its 2015 order to consider citizenship for approximately 70,000 Chakma and Hajong refugees. Media quoted Minister of State for Home Affairs Kiren Rijiju saying the Supreme Court order was “unimplementable.”

Children born in Sri Lankan refugee camps received Indian birth certificates. While Indian birth certificates alone do not entitle refugees to Indian citizenship, refugees may present Indian birth certificates to the Sri Lankan High Commission to obtain a consular birth certificate, which entitles them to pursue Sri Lankan citizenship. According to the Organization for Eelam Refugees’ Rehabilitation, approximately 16,000 of 27,000 Sri Lankan refugee children born in the refugee camps have presented birth certificates to the Sri Lankan Deputy High Commission in Chennai. According to UNHCR, the Sri Lankan Deputy High Commission issued 2,858 birth certificates during the year.

UNHCR and refugee advocacy groups estimated that between 25,000 and 28,000 of the approximately 90,000 Sri Lankan Tamil refugees living in Tamil Nadu were “hill country” Tamils. While Sri Lankan law allows “hill country” refugees to present affidavits to secure Sri Lankan citizenship, UNHCR believed that until the Sri Lankan government processes the paperwork, such refugees were at risk of becoming stateless.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: The Election Commission of India is an independent constitutional body responsible for administering all elections at the central and state level throughout the country. In 2017 a national electoral college elected President Ramnath Kovind to a five-year term. During the year the nine states of Chhattisgarh, Karnataka, Madhya Pradesh, Meghalaya, Mizoram, Nagaland, Rajasthan, Telangana, and Tripura held elections for their state assemblies. Observers considered these elections, which included more than 300 million participants, free and fair, despite very isolated instances of violence.

Political Parties and Political Participation: The constitution provides for universal voting rights for all citizens age 18 and older. There were no restrictions placed on the formation of political parties or on individuals of any community from participating in the election process. The election law bans the use of government resources for political campaigning, and the Election Commission effectively enforced the law. The commission’s guidelines ban opinion polls 48 hours prior to an election, and exit poll results may not be released until completion of the last phase (in a multiphase election).

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they freely participated. The law reserves one-third of the seats in local councils for women. Religious, cultural, and traditional practices and ideas prevented women from proportional participation in political office. Nonetheless, women held many high-level political offices, including positions as ministers, members of parliament, and state chief ministers.

The constitution stipulates that, to protect historically marginalized groups and provide for representation in the lower house of parliament, each state must reserve seats for Scheduled Castes and Scheduled Tribes in proportion to their population in the state. Only candidates belonging to these groups may contest elections in reserved constituencies. While some Christians and Muslims were identified as Dalits, the government limited reserved seats for Dalits to Hindus, Sikhs, and Jains. Members of minority populations have previously served as prime minister, vice president, cabinet ministers, Supreme Court justices, and members of parliament.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape in most cases, although marital rape is not illegal when the woman is older than age 15. Official statistics pointed to rape as the country’s fastest-growing crime, prompted at least in part by the increasing willingness of victims to report rapes, although observers believed the number of rapes still remained vastly underreported.

Law enforcement and legal recourse for rape victims were inadequate, and the judicial system was overtaxed and unable to address the problem effectively. Police sometimes worked to reconcile rape victims and their attackers, in some cases encouraging female rape victims to marry their attackers. The NGO International Center for Research on Women noted that low conviction rates in rape cases was one of the main reasons sexual violence continued unabated. The NGO Lawyers Collective noted the length of trials, lack of victim support, and inadequate protection of witnesses and victims remained major concerns. Doctors continued to carry out an invasive “two-finger test” to speculate on sexual history, despite the Supreme Court’s ruling that the test violated a victim’s right to privacy. In 2015 the government introduced new guidelines for health professionals’ medical examinations of victims of sexual violence. It included provisions regarding consent of the victim during various stages of examination, which some NGOs claimed was an improvement. According to media reports, only nine state governments adopted the guidelines. A November 2017 HRW report, Everyone Blames Me, found that medical professionals, even in states that adopted the guidelines, did not always follow them.

On August 6, parliament passed the Criminal Law (Amendment) Bill to increase the minimum mandatory punishments for rape from seven years’ to 10 years’ imprisonment. The minimum sentence for the rape of a girl younger than age 16 increased from 10 years to between 20 years and life imprisonment; the minimum sentence of gang rape of a girl younger than age 12 was punishable by either life imprisonment or the death penalty.

Incidents of gang rape of minors remained prevalent. On January 10, an eight-year-old Muslim girl in the state of Jammu and Kashmir’s Kathua district was allegedly kidnapped, drugged, and gang-raped over several days. The ensuing investigation resulted in the arrest of eight individuals, including four police personnel. On May 7, the Supreme Court ordered the trial moved to Punjab’s Pathankot district following protests in Jammu and Kashmir demanding the officers’ release. The case continued at year’s end.

Women in conflict areas, such as in the state of Jammu and Kashmir, the northeast, Jharkhand, and Chhattisgarh, as well as vulnerable Dalit or tribal women, were often victims of rape or threats of rape. National crime statistics indicated Dalit women were disproportionately victimized compared with other caste affiliations. Activists in Manipur complained that the armed forces, instead of resorting to extrajudicial killings, were tacitly encouraging rape and sexual violence by criminal gangs as part of their counterinsurgency strategy.

Domestic violence continued to be a problem. The NCRB estimated the conviction rate for crimes against women was 18.9 percent. Acid attacks against women continued to cause death and permanent disfigurement. In February the Delhi government announced it would cover 100 percent medical expenses for victims of acid attacks in all private hospitals within the National Capital Territory of Delhi. In May the Supreme Court approved assistance for victims of acid attacks under the Compensation Scheme for Women Victims, Survivors of Sexual Assault, and Other Crimes 2018. The scheme outlined a maximum assistance of 800,000 rupees ($11,500) for injuries from acid attacks.

The government made efforts to address the safety of women. In August the minister of state for women and child development told the lower house of parliament the government allocated 2,919 crore rupees ($410 million) toward enhancing women’s safety in eight cities, including New Delhi, Mumbai, and Chennai. Projects included increased surveillance technology, capacity building, and awareness campaigns. The MWCD also approved five additional one-stop crisis centers for women in distress, increasing the number of such centers to 200. These centers provide medical, legal, counseling, and shelter services for women facing violence. On September 20, the government launched an online National Database on Sexual Offenders. The registry included accused and convicted sexual offenders. Only police and legal authorities had access to data.

Female Genital Mutilation/Cutting (FGM/C): No national law addresses the practice of FGM/C. According to human rights groups and media reports, between 70 and 90 percent of Dawoodi Bohras, a population of approximately one million concentrated in the states of Maharashtra, Gujarat, Rajasthan, and Delhi, practiced FGM/C.

On July 30, the Supreme Court observed a public interest litigation hearing seeking to ban the practice of FGM/C. The government, represented by Attorney General K. K. Venugopal, told the court that it supports the petitioners’ plea that the practice be punishable under the provisions of the Indian Penal Code and the Protection of Children from Sexual Offenses Act. Days after a September 14 meeting between the prime minister and the spiritual head of the Dawoodi Bohra community, who supports the practice of FGM/C, the government reportedly reversed its position, and the attorney general stated the matter should be referred to a five-member panel of the Supreme Court to decide on the issue of religious rights and freedom.

Other Harmful Traditional Practices: The law forbids the acceptance of marriage dowry, but many families continued to offer and accept dowries, and dowry disputes remained a serious problem. NCRB data showed authorities arrested 20,545 persons for dowry deaths in 2016. Most states employed dowry prohibition officers. A 2010 Supreme Court ruling makes it mandatory for all trial courts to charge defendants in dowry-death cases with murder.

“Sumangali schemes” affected an estimated 120,000 young women. These plans, named after the Tamil word for “happily married woman,” are a form of bonded labor in which young women or girls work to earn money for a dowry to be able to marry. The promised lump-sum compensation is normally withheld until the end of three to five years of employment and sometimes goes partially or entirely unpaid. While in bonded labor, employers reportedly subjected women to serious workplace abuses including severe restrictions on freedom of movement and communication, sexual abuse, sexual exploitation, and sex trafficking.

So-called “honor killings” remained a problem, especially in Punjab, Uttar Pradesh, and Haryana, and were usually attributable to the victim’s marrying against his or her family’s wishes. On March 27, the Supreme Court ordered state governments to identify districts, subdivisions, and villages that witnessed incidents of honor killings to take remedial, preventive, and punitive measures to stop these crimes. In addition the Supreme Court ruled that state governments must create special cells in all districts for people to report harassment and threats to couples of intercaste marriage.

There were reports women and girls in the “devadasi” system of symbolic marriages to Hindu deities were victims of rape or sexual abuse at the hands of priests and temple patrons in what amounted to a form of sex trafficking. NGOs suggested families exploited some girls from lower castes into prostitution in temples to mitigate household financial burdens and the prospect of marriage dowries. Some states have laws to curb sex trafficking and sexual abuse of women and girls in temple service. Enforcement of these laws remained lax, and the problem was widespread. Some observers estimated more than 450,000 women and girls were exploited in temple-related prostitution.

No federal law addresses accusations of witchcraft; however, authorities may use other legal provisions as an alternative for a victim accused of witchcraft. Most reports stated villagers and local councils usually banned those accused of witchcraft from the village. Bihar, Odisha, Chhattisgarh, Rajasthan, Assam, and Jharkhand have laws criminalizing those who accuse others of witchcraft.

Sexual Harassment: Sexual harassment remained a serious problem. Authorities required all state departments and institutions with more than 50 employees to operate committees to prevent and address sexual harassment, often referred to as “eve teasing.” By law sexual harassment includes one or more unwelcome acts or behavior such as physical contact, a request for sexual favors, making sexually suggestive remarks, or showing pornography. Employers who fail to establish complaint committees face fines of up to 50,000 rupees ($705).

On April 12, the NHRC issued notices to the government of Telangana and the Ministry of Information and Broadcasting over media reports of sexual exploitation of women in the Telugu film industry. The commission noted the issues raised by an actress required the Telangana government to constitute a committee to redress the grievances of female employees relating to sexual harassment in the film industry in accordance with the provisions of Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013.

Coercion in Population Control: There were reports of coerced and involuntary sterilization. The government has promoted female sterilization as a form of family planning for decades and, as a result, it made up 86 percent of contraceptive use in the country. Some women, especially poor and lower-caste women, reportedly were pressured by their husbands and families to have tubal ligations or hysterectomies. The government provided monetary compensation for the wage loss, transportation costs, drugs and dressing, and follow-up visits to women accepting contraceptive methods including voluntary sterilization. There were no formal restrictions on access to other forms of family planning; however, despite recent efforts to expand the range of contraceptive choices, voluntary sterilization remained the preferred method due to the costs and limited availability of alternative contraceptive choices.

Policies penalizing families with more than two children remained in place in seven states, but some authorities did not enforce them. There are reports that these policies created pressure on women with more than two children to use contraception, including permanent methods such as sterilization, or even termination of subsequent pregnancies. Certain states maintained government reservations for government jobs and subsidies for adults with no more than two children and reduced subsidies and access to health care for those who have more than two. On October 25, in response to a petition filed by an Odisha resident who was not allowed to contest Panchayat (local self-governing body) elections as he had three children, the Supreme Court upheld provisions of the Panchayati Raj Act, which disallows candidates with more than two children from standing for election for posts in local government. The court stated the birth of a third child would automatically disqualify an individual from contesting. According to the NGO Lawyers Collective, such policies often induced families to carry out sex-selection for the second birth to assure they have at least one son, without sacrificing future eligibility for political office.

To counter sex selection, almost all states introduced “girl child promotion” schemes, some of which required a certificate of sterilization for the parents to collect benefits.

Discrimination: The law prohibits discrimination in the workplace and requires equal pay for equal work, but employers reportedly often paid women less than men for the same job, discriminated against women in employment and credit applications, and promoted women less frequently than men.

Many tribal land systems, including in Bihar, deny tribal women the right to own land. Other laws or customs relating to the ownership of assets and land accord women little control over land use, retention, or sale.

Gender-biased Sex Selection: According to the latest census (2011), the national average male-female sex ratio at birth was 1,000 to 943. According to the National Institution for Transforming India, the national sex ratio at birth between 2013 and 2015 was 900 females per 1,000 males. The law prohibits prenatal sex selection, but authorities rarely enforced it. In March the government announced the expansion of the Beti Bachao Beti Padhao (Save the Daughter, Educate the Daughter) project in all 640 districts across the country. The government launched the program in 2015 to prevent gender-biased sex selection, promote female education, and ensure the survival and protection of girls. Government data revealed sex ratio at birth showed improving trends in 104 out of 161 districts between 2015 and 2017. The program spent 25.40 crore rupees ($3.5 million) until July 20.

Children

Birth Registration: The law establishes state government procedures for birth registration. UNICEF estimated authorities registered 58 percent of national births each year. Children lacking citizenship or registration may not be able to access public services, enroll in school, or obtain identification documents later in life.

Education: The constitution provides for free education for all children from ages six to 14, but the government did not always comply with this requirement. The World Economic Forum’s 2017 Gender Gap Report revealed that enrollment rates, for both male and female students, dropped by nearly 30 percent between primary and secondary school. Additionally, the report found that, while girls had a slight lead in primary and secondary education enrollment rates, boys had greater educational attainment at all levels. The NGO Pratham’s 2017 Annual Status of Education Report noted in January that the enrollment gap between males and females in the formal education system increased with age. While there was hardly any difference between boys’ and girls’ enrollment at age 14, 32 percent of females were not enrolled at age 18 as compared with 28 percent of males.

According to UNICEF more than 60 percent of secondary-school age children with disabilities did not attend school.

Child Abuse: The law prohibits child abuse, but it does not recognize physical abuse by caregivers, neglect, or psychological abuse as punishable offenses. Although banned, teachers often used corporal punishment. The government often failed to educate the public adequately against child abuse or to enforce the law.

In 2017 humanitarian aid organization World Vision India conducted a survey of 45,844 children between the ages of 12 and 18 across 26 states and found that one in every two children was a victim of sexual abuse. The NGO Counsel to Secure Justice reported nearly 30 percent of child sexual abuse cases involved incest and that 99 percent of overall child sexual abuse cases were not reported.

NGOs reported abuse in some shelter homes resulted from a systematic lack of oversight, since many NGOs selected to run these spaces were nominated without any background checks. On April 26, the Tata Institute of Social Sciences submitted a report based on interviews conducted in October 2017 stating that girls at a state-run women’s shelter in Muzaffarpur, Bihar, were subjected to sexual assault by the home’s authorities. A police complaint was filed on May 31 against the NGO owned by Brajesh Thakur that ran the home, and Thakur was arrested on June 3. A raid on the home on July 24 and medical tests of its occupants established that 34 of the 44 residents, ranging between ages six and 18, were tortured and sexually abused. The police subsequently arrested 10 men and women who operated the home.

In other cases, shelter owners’ political connections enabled them to continue sexual abuse and exploitation of adult and child residents. In addition in some cases government officials demonstrated continued inaction to address longstanding complaints of mistreatment.

The government sponsored a toll-free 24-hour helpline for children in distress.

Early and Forced Marriage: The law sets the legal age of marriage for women at 18 and men at 21, and it empowers courts to annul early and forced marriages. The law does not characterize a marriage between a girl younger than age 18 and a boy younger than age 21 as “illegal,” but it recognizes such unions as voidable. The law also sets penalties for persons who perform, arrange, or participate in child marriages. Authorities did not consistently enforce the law nor address girls who were raped being forced into marriage.

According to international and local NGOs, procedural limitations effectively left married minors with no legal remedy in most situations. According to the Ministry of Home Affairs’ 2015-2016 National Family Health Survey, 27 percent of women between 20 and 24 married before the age of 18, and 2017 UNICEF data revealed 7 percent of the same group of women married before the age of 15.

The law establishes a full-time child-marriage prohibition officer in every state to prevent child marriage. These individuals have the power to intervene when a child marriage is taking place, document violations of the law, file charges against parents, remove children from dangerous situations, and deliver them to local child-protection authorities.

On July 26, a mahila court (a district court dealing with women’s issues) in Salem, Tamil Nadu, convicted three individuals, including the mother of the victim and the groom, for conducting the marriage of a minor girl in 2015. The court sentenced the mother and groom to 12 years’ imprisonment each.

Sexual Exploitation of Children: The law prohibits child pornography and sets the legal age of consent at 18. It is illegal to pay for sex with a minor, to induce a minor into prostitution or any form of “illicit sexual intercourse,” or to sell or buy a minor for the purposes of prostitution. Violators are subject to 10 years’ imprisonment and a fine.

Special Courts to try child sexual abuse cases existed in all six Delhi courts. Civil society groups observed, however, that large caseloads severely limited judges’ abilities to take on cases in a timely manner. In an April study on the status of pending trials in child sexual abuse cases, the Satyarthi Foundation estimated child survivors may need to wait up to 99 years in some states for trials of their cases based on the speed of current cases on the calendar, despite a regulation that all cases should be decided within one year. The Counsel to Secure Justice reported some courts did not use separate witness rooms for children to provide testimony and police officials sometimes pressured child survivors of incest to compromise with the perpetrator and not report the case. Lack of training in handling forensic evidence also had adverse implications on case handling.

On February 21, a local court in Visakhapatnam, Andhra Pradesh, delivered a verdict in a 17-year-old case of pedophilia and sentenced Australian national Paul Henry Dean, who was charged with sexually abusing children in Visakhapatnam and Puri, Odisha, to three years of imprisonment in addition to a fine of 32,000 rupees ($450). Child rights activists raised serious concerns over the duration of the court proceedings, the light sentence, and the accused’s obtaining bail the same day of the judgment.

Child Soldiers: No information was available on how many persons younger than age 18 were serving in the armed forces. NGOs estimated at least 2,500 children were associated with insurgent armed groups in Maoist-affected areas as well as child soldiers in insurgent groups in the state of Jammu and Kashmir. There were allegations government-supported, anti-Maoist village defense forces recruited children (see section 1.g., Child Soldiers).

Displaced Children: Displaced children, including refugees, IDPs, and street children, faced restrictions on access to government services (see also section 2.d.).

Institutionalized Children: Lax law enforcement and a lack of safeguards encouraged an atmosphere of impunity in a number of group homes and orphanages.

The Calcutta Research Group reported police sometimes separated families detained at the India-Bangladesh border in the state of West Bengal by institutionalizing children in juvenile justice homes with limited and restricted access to their families.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/Ingernational-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

Jewish groups from the 4,650-member Jewish community cited no reports of anti-Semitic acts during the year.

The Gujarat government accorded the Jewish community minority status, making the community eligible for government entitlements for faith minorities.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution does not explicitly mention disability. The law provides equal rights for persons with a variety of disabilities, and the Rights of Persons with Disabilities Act 2016 increased the number of recognized disabilities, including persons with Parkinson’s disease and victims of acid attacks. The law set a two-year deadline for the government to provide persons with disabilities with unrestricted free access to physical infrastructure and public transportation systems.

The law also reserves 3 percent of all educational places and 4 percent of government jobs for persons with disabilities. The government allocated funds to programs and NGOs to increase the number of jobs filled. In 2017 a government panel decided that private news networks must accompany public broadcasts with sign language interpretations and closed captions to accommodate persons with disabilities.

Despite these efforts, problems remained. Private-sector employment of persons with disabilities remained low, despite governmental incentives. In July the Delhi High Court issued a notice to the All India Institute of Medical Sciences after an acid attack survivor claimed the institution prohibited her from applying to a nursing position because of her disability.

Discrimination against persons with disabilities in employment, education, and access to health care was more pervasive in rural areas, and 45 percent of the country’s population of persons with disabilities were illiterate. There was limited accessibility to public buildings. A public interest litigation case was filed in the Supreme Court regarding accessibility to buildings and roads for persons with disabilities.

The Ministry of Health and Family Welfare estimated 25 percent of individuals with mental disabilities were homeless. Mainstream schools remained inadequately equipped with teachers trained in inclusive education, resource material, and appropriate curricula. Patients in some mental-health institutions faced food shortages, inadequate sanitary conditions, and lack of adequate medical care. HRW reported women and girls with disabilities occasionally were forced into mental hospitals against their will.

In April HRW released its Sexual Violence against Women and Girls with Disabilities in India report. According to the report, girls and women with disabilities who experienced sexual violence faced challenges reporting abuse to police, obtaining proper medical care, and navigating the court system. In August three hearing-and-speech-impaired girls reported sexual abuse in a private hostel in Bhopal. Madhya Pradesh police arrested the director of the private hostel and convened a special investigation team to probe into sexual abuse reports.

On March 22, the Tamil Nadu State Cooperative Societies Election Commission issued orders stating that nominations of persons with disabilities to elections of cooperative associations must not be rejected on the grounds of disability and that basic amenities for persons with disabilities must be put in place. The order came in the wake of protests by members of the Joint Action Committee of the Association for the Disabled against a state government official who allegedly ridiculed two visually impaired individuals and rejected their applications to contest elections for the post of director of a cooperative association.

National/Racial/Ethnic Minorities

The constitution prohibits caste discrimination. The registration of castes and tribes continued for the purpose of affirmative action programs, as the federal and state governments continued to implement programs for members of lower caste groups to provide better-quality housing, quotas in schools, government jobs, and access to subsidized foods. On September 21, data published in the UN’s 2018 Multidimensional Poverty Index showed a “positive trend” during the decade between 2005-06 and 2015-16 in the country, with Muslims, members of the Scheduled Tribes, and Dalits experiencing the greatest reduction in poverty. Discrimination based on caste, however, remained prevalent, particularly in rural areas. Critics claimed many of the programs to assist the lower castes suffered from poor implementation, corruption, or both.

The term “Dalit,” derived from Sanskrit for “oppressed” or “crushed,” refers to members of what society regarded as the lowest of the Scheduled Castes (SC). According to the 2011 census, SC members constituted 17 percent of the population (approximately 200 million persons).

Although the law protects Dalits, there were numerous reports of violence and significant discrimination in access to services such as health care, education, access to justice, freedom of movement, access to institutions such as temples, and marriage. Many Dalits were malnourished. Most bonded laborers were Dalits, and those who asserted their rights were often victims of attacks, especially in rural areas. As agricultural laborers for higher-caste landowners, Dalits reportedly often worked without monetary remuneration. Reports from the UN Committee on the Elimination of Racial Discrimination described systematic abuse of Dalits, including extrajudicial killings and sexual violence against Dalit women. Crimes committed against Dalits reportedly often went unpunished, either because authorities failed to prosecute perpetrators or because victims did not report crimes due to fear of retaliation.

On April 18, as many as 28 Dalit men from the Churu village in Rajasthan were subjected to clinical trials without their consent for Glenmark Pharmaceuticals. According to media reports, the men were transported to Jaipur’s Malpani Hospital with the promise of work at a medical camp but were locked in the hospital basement upon arrival and subjected to the trials.

On June 21, Madhya Pradesh police arrested four upper caste men for burning alive 55-year old Dalit farmer Kishorilal Jatav after he opposed their illegal tilling his land in a village in Bhopal district. The case continued at year’s end.

NGOs reported Dalit students were sometimes denied admission to certain schools because of their caste, required to present caste certification prior to admission, barred from morning prayers, asked to sit in the back of the class, or forced to clean school toilets while being denied access to the same facilities. There were also reports teachers refused to correct the homework of Dalit children, refused to provide midday meals to Dalit children, and asked Dalit children to sit separately from children of upper-caste families.

Manual scavenging–the removal of animal or human waste by Dalits–continued despite its legal prohibition. HRW reported that children of manual scavengers faced discrimination, humiliation, and segregation at village schools. Their occupation often exposed manual scavengers to infections that affected their skin, eyes, respiratory, and gastrointestinal systems. Health practitioners suggested children exposed to such bacteria were often unable to maintain a healthy body weight and suffered from stunted growth.

Indigenous People

The constitution provides for the social, economic, and political rights of disadvantaged groups of indigenous persons. The law provides special status for indigenous individuals, but authorities often denied them their rights.

In most of the northeastern states, where indigenous groups constituted the majority of the states’ populations, the law provides for tribal rights, although some local authorities disregarded these provisions. The law prohibits any nontribal person, including citizens from other states, from crossing a government-established inner boundary without a valid permit. No one may remove rubber, wax, ivory, or other forest products from protected areas without authorization. Tribal authorities must also approve the sale of land to nontribal persons.

In May the Gujarat High Court requested Sabarkantha district officials to explain why they imprisoned 10 tribal members for more than a week due to their objection to a private company buying land to build a solar plant. Following the high court’s notice, the individuals were released.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

On September 6, the Supreme Court decriminalized same-sex relations in a unanimous verdict. Activists welcomed the verdict but stated it was too early to determine how the verdict would translate into social acceptance, including safe and equal opportunities at workspaces and educational institutions.

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced physical attacks, rape, and blackmail. LGBTI groups reported they faced widespread societal discrimination and violence, particularly in rural areas. Activists reported that transgender persons continued to face difficulty obtaining medical treatment. Some police committed crimes against LGBTI persons and used the threat of arrest to coerce victims not to report the incidents. With the aid of NGOs, several states offered education and sensitivity training to police.

HIV and AIDS Social Stigma

The number of new HIV cases decreased by 57 percent over the past decade. According to official government records, there were 191,493 newly diagnosed cases in 2017. The epidemic persisted among the most vulnerable/high-risk populations that include female sex workers, men who have sex with men, transgender persons, and persons who inject drugs. According to the National AIDS Control Organization’s HIV Sentinel Surveillance 2017 report, high prevalence states such as Andhra Pradesh and Karnataka saw declining HIV trends among all high-risk groups in 2017.

The National AIDS Control Program prioritized HIV prevention, care, and treatment interventions for high-risk groups and advocated for the rights of persons living with HIV. Antiretroviral drug stock outages in a few states led to treatment interruption. The National AIDS Control Organization worked actively with NGOs to train women’s HIV/AIDS self-help groups. Police engaged in programs to strengthen their role in protecting communities vulnerable to human rights violations and HIV.

In August in response to a Public Interest Litigation, the Delhi High Court issued a notice inquiring why the Ministry of Health had not implemented the HIV and AIDS (Prevention and Control) Bill that was passed in April 2017. The bill was designed to prevent discrimination in health care, employment, education, housing, economic participation, and political representation for those with HIV and AIDS. On September 10, the Health Ministry announced through an official gazette announcement the creation of rules to implement the act.

Other Societal Violence or Discrimination

Societal violence based on religion and caste and by religiously associated groups continued to be a serious concern. Muslims and lower-caste Dalit groups continued to be the most vulnerable. Ministry of Home Affairs 2016-17 data showed 703 incidents of communal (religious) violence occurred, in which 86 persons were killed and 2,321 injured.

Amnesty International recorded 98 hate crimes across the country between January and June. In July the Supreme Court condemned the rise of hate crimes, urging state governments to enact laws against mob violence. The Supreme Court recommended each state should establish a special task force to monitor hate speech and investigate vigilante groups.

Reports of mob lynching increased in the past year. As of July 27, 24 persons were killed due to mob lynchings, a two-fold increase over 2017. Many of the acts of mob violence arose after rumors circulated over social media that a child had been kidnapped or a cow killed. Jharkhand had the highest number of mob-related deaths at seven reported cases, Maharashtra was second with five deaths. On March 20, a Jharkhand court sentenced 11 persons to life in prison for beating to death Alimuddin Ansari, a Muslim, who was suspected of trading in beef. On May 30, the body of cattle trader Hussainabba was found near Udupi, Karnataka. According to the complaint registered by his family members, Hussainabba was assaulted by members of a Hindu right-wing group while transporting 13 cattle and subsequently died of his injuries.

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but forced labor, including bonded child labor (see section 7.c.), remained widespread.

Enforcement and compensation for victims is the responsibility of state and local governments and varied in effectiveness. The government generally did not effectively enforce laws related to bonded labor or labor trafficking laws, such as the Bonded Labor System (Abolition) Act. Prosecutions were rare. When inspectors referred violations for prosecution, court backlogs, inadequate preparation, and a lack of prioritization of these cases by prosecuting authorities sometimes resulted in acquittals.

Penalties under law varied based on the type of forced labor and included fines and prison terms; not all were sufficiently stringent. For example, bonded labor was specifically criminalized under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, which prescribes sufficiently stringent penalties of up to five years’ imprisonment, and the Bonded Labor System (Abolition) Act), which prescribes penalties of up to three years’ imprisonment, which were not sufficiently stringent.

The Ministry of Labor and Employment continued to work with the International Labor Organization (ILO) to combat bonded labor. Based on the ILO’s concluded “convergence program,” the Odisha government entered into agreements with brick kiln owners in Andhra Pradesh and Telangana to protect workers vulnerable to bonded labor.

The Ministry of Labor and Employment reported the federally funded, state-run Centrally Sponsored Scheme assisted in the release of 5,295 bonded laborers during the period April 2017 through March. Some NGOs reported delays in obtaining release certificates for rescued bonded laborers that were required to certify that employers had held them in bondage and entitled them to compensation under the law. The distribution of rehabilitation funds was uneven across states.

Estimates of the number of bonded laborers varied widely. Official government estimates place the number at 18 million workers in debt bondage. Most bonded labor occurred in agriculture. Nonagricultural sectors with a high incidence of bonded labor were stone quarries, brick kilns, rice mills, construction, embroidery factories, and beedi (hand-rolled cigarettes) production.

Bonded labor continued to be a concern in several states. On March 15, 155 migrant bonded laborers, including 31 children and 63 women, were rescued from a brick kiln in Tiruvallur, Tamil Nadu, by an NGO in cooperation with the district administration. Most of the rescued persons were paid less than 200 rupees ($3.00) a week. Police registered a case against the owner of the brick kiln. On August 1, government officials in Karimnagar District, Telangana, invoked section 342 (punishment for wrongful confinement) of the Indian Penal Code to rescue 32 tribal workers from labor bondage at an irrigation canal worksite. The investigation revealed that each worker was paid an advance remuneration of 20,000 rupees ($280) for 12 hours of work every day for nine months.

Scheduled Caste and Scheduled Tribe members lived and worked under traditional arrangements of servitude in many areas of the country. Although the central government had long abolished forced labor servitude, these social groups remained impoverished and vulnerable to forced exploitation, especially in Arunachal Pradesh.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits employment of children younger than age 14. The law also prohibits the employment of children between the ages of 14 and 18 in hazardous work. Children are prohibited from using flammable substances, explosives, or other hazardous material, as defined by the law. In 2017 the Ministry of Labor and Employment added 16 industries and 59 processes to the list of hazardous industries where employment of children younger than age 18 is prohibited, and where children younger than age 14 are prohibited from helping, including family enterprises. The law, however, permits employment of children in family-owned enterprises involving nonhazardous activities after school hours. Nevertheless, child labor remained widespread.

State governments enforced labor laws and employed labor inspectors, while the Ministry of Labor and Employment provided oversight and coordination. Violations remained common. The law establishes a penalty in the range of 20,000 rupees ($280) to 50,000 rupees ($700) per child employed in hazardous industries. Such fines were often insufficient to deter violations, and authorities sporadically enforced them. The fines are deposited in a welfare fund for formerly employed children.

The Ministry of Labor and Employment coordinated its efforts with states to raise awareness about child labor by funding various outreach events such as plays and community activities.

The majority of child labor occurred in agriculture and the informal economy, in particular in stone quarries, in the rolling of cigarettes, and in informal food service establishments. Commercial sexual exploitation of children occurred (see section 6, Children). The NGO Child Rights and You stated in a July report that 23 million children between ages 15 and 18 worked in nonhazardous industries.

According to news reports, in a series of raids in February, district authorities and NGOs jointly rescued more than 150 child workers from roadside eateries, vehicle repair shops, artificial jewelry making units, and textile shops in the Krishna District of Andhra Pradesh.

Forced child labor, including bonded labor, also remained a serious problem. Employers engaged children in forced or indentured labor as domestic servants and beggars, as well as in quarrying, brick kilns, rice mills, silk-thread production, and textile embroidery.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/ .

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit discrimination based on race, sex, gender, disability, language, sexual orientation, gender identity, or social status with respect to employment and occupation. The law does not prohibit discrimination against individuals with HIV/AIDS or other communicable diseases, color, religion, political opinion, national origin, or citizenship.

The government effectively enforces the law and regulations within the formal sector. Penalties for violations included fines up to 93,750 rupees ($1,320), prison term ranging from three months to two years, or both. The law and regulations, however, do not protect those working within the informal sector (industries and establishments that do not fall under the purview of the Factories Act), who made up an estimated 90 percent of the workforce.

Discrimination occurred in the informal sector with respect to Dalits, indigenous persons, and persons with disabilities. Gender discrimination with respect to wages was prevalent. Foreign migrant workers were largely undocumented and typically did not enjoy the legal protections available to workers who are nationals of the country.

e. Acceptable Conditions of Work

Federal law sets safety and health standards, but state government laws set minimum wages, hours of work, and additional state-specific safety and health standards. The daily minimum wage varied but was more than the official estimate of poverty-level income. State governments set a separate minimum wage for agricultural workers. Laws on wages, hours, and occupational health and safety do not apply to the large informal sector.

The law mandates a maximum eight-hour workday and 48-hour workweek, as well as safe working conditions, which include provisions for restrooms, cafeterias, medical facilities, and ventilation. The law mandates a minimum rest period of 30 minutes after every four hours of work and premium pay for overtime, but it does not mandate paid holidays. The law prohibits compulsory overtime, but it does not limit the amount of overtime a worker can perform. Occupational safety and health standards set by the government were generally up to date and covered the main industries in the country.

State governments are responsible for enforcing minimum wages, hours of work, and safety and health standards. The number of inspectors generally was insufficient to enforce labor law. State governments often did not effectively enforce the minimum wage law for agricultural workers. Enforcement of safety and health standards was poor, especially in the informal sector, but also in some formal sector industries. Penalties for violation of occupational safety and health standards range from a fine of 100,000 rupees ($1,410) to imprisonment for up to two years, but they were not sufficient to deter violations.

Violations of wage, overtime, and occupational safety and health standards were common in the informal sector. Small, low-technology factories frequently exposed workers to hazardous working conditions. Undocumented foreign workers did not receive basic occupational health and safety protections. In many instances, workers could not remove themselves from situations that endangered health or safety without jeopardizing their employment.

On February 16, seven workers at a farm in Chittoor District, Andhra Pradesh, died allegedly due to asphyxiation caused by inhaling poisonous gases when they stepped into a septic tank without wearing protective gear to clean a flushing machine. On September 10, five workers in West Delhi engaged to clean a septic tank for an apartment building died when they were overcome by fumes.

Kenya

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were numerous reports the government or its agents committed arbitrary and unlawful killings, particularly of known or suspected criminals, including terrorists. In September eight nongovernmental organizations (NGO) based in the northern region jointly issued a statement listing extrajudicial killings and enforced disappearances at top of their list of human rights concerns. In September the NGO HAKI Africa provided the ODPP a list of 34 youth whom police allegedly executed over nine months since the beginning of the year. The ODPP committed to pursue investigations and requested additional evidence and assistance from HAKI. The NGO Independent Medico Legal Unit alleged that police in Nairobi summarily executed 58 individuals, mostly in informal settlements, between January to June. In March 2017 video footage surfaced on the internet of an alleged plainclothes police officer shooting two subdued suspects in the Nairobi neighborhood of Eastleigh. According to the newspaper Daily Nation, the Nairobi police commander defended the shooting, calling the victims “gangsters.” The Inspector General’s investigation continued as of year’s end.

In August IPOA reported a summary execution of a suspected carjacker. The police, who had allegedly shot the victim twice, hauled him from a church where he had sought refuge. IPOA’s investigation continued as of the year’s end.

Some groups alleged authorities significantly underestimated the number of extrajudicial killings by security forces due to underreporting of such killings in informal settlements, including those in dense urban areas. The NGO Mathare Social Justice Center estimated police killed at least one young male every week in the Mathare neighborhood of Nairobi. During the year IPOA received 461 complaints regarding deaths resulting from police actions, including 15 fatal shootings involving police and 446 deaths due to other actions by police.

NGOs and the autonomous governmental entity Kenyan National Commission on Human Rights (KNCHR) reported in 2017 that authorities killed between 35 and 100 persons and injured many others in opposition strongholds following the August 2017 elections. A KNCHR report released in November documented 201 cases of sexual assault in nine counties emanating from the post-election violence, primarily during periods of increased civil unrest. The study found that police and other security officers committed 55 percent of the documented sexual assaults (see section 6). The report indicated that KNCHR turned over its findings to IPOA for official inquiry. IPOA’s investigations stemming from election violence continued as of the year’s end.

Media reports and NGOs attributed many of the human rights abuses not related to elections to Kenya Defense Forces counterterrorism operations in the northeast counties of Mandera, Garissa, and Wajir bordering Somalia. In September rights groups including Muslims for Human Rights led protests in Mombasa against extrajudicial killings and abductions by security forces. The groups alleged that on September 6, authorities gunned down three youths, ages 17, 17, and 19, absent proof of guilt. Police responded that the three had been caught preparing to commit a crime.

Impunity remained a serious problem (see section 1.d.).

Al-Shabaab terrorists conducted deadly attacks and guerilla-style raids on isolated communities along the border with Somalia. For example, in September al-Shabaab fighters reportedly stopped a bus in Lamu County, separated the passengers by religion, and then executed two Christian passengers before setting free the other passengers.

b. Disappearance

Observers and NGOs alleged members of the security forces were culpable of forced disappearances. In June media reported civilian protests in Garissa County over the alleged disappearance of 14 residents. There were accusations of government involvement and use of police officers. On July 26, human rights lobby group HAKI Africa reported that between January and June, the Garissa police abducted or forced the disappearance of 46 civilians.

The media also reported on families on the coast and in northeastern counties searching for relatives who disappeared following arrest and of authorities holding individuals incommunicado for interrogation for several weeks or longer (see section 1.d.).

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

In 2017 President Kenyatta approved the Prevention of Torture Act, which provides a basis to prosecute torture. The law provides a platform to apply articles of the 2010 constitution, including: Article 25 on freedom from torture and cruel, inhuman, or degrading treatment or punishment; Article 28 on respect and protection of human dignity; and Article 29 on freedom and security of the person. The law brings all state agencies and officials under one, rather than multiple pieces of legislation. Additionally, the law provides protections to vulnerable witnesses and law enforcement officials who refuse to obey illegal orders that would lead to torture. The government, however, had not implemented the guidelines required to operationalize the Prevention of Torture Act.

Pretrial detainees accused police of use of torture. In September a shooting suspect filed a formal complaint with IPOA alleging torture by police and continued detention beyond the maximum legal duration. That investigation continued as of year’s end.

Police reportedly used torture and violence during interrogations as well as to punish both pretrial detainees and convicted prisoners. According to human rights NGOs, physical battery, bondage in painful positions, and electric shock were the most common methods of torture used by police. A range of human rights organizations and media reported police committed torture and indiscriminate violence with impunity. For example, there were numerous press and NGO reports of police brutality against protestors and unarmed citizens, including in house-to-house operations in the days following the August 2017 elections (see section 3).

Prison and Detention Center Conditions

Human rights organizations reported that prison, detention center, and police station conditions were harsh due to overcrowding, food and water shortages, and inadequate sanitary conditions and medical care. A Directorate of Health Services in the Prisons Department oversees health and hygiene issues.

Physical Conditions: According to the Kenya Prisons Service (PS), the prison population as of September was 51,130, held in prisons with a designated capacity of 26,837. More than 90 percent of prisoners were men. According to the National Council on the Administration of Justice’s (NCAJ) January report, the country has 105 prisons–87 for men and 18 for women. While the PS noted that seven prisons have been constructed since 2012, serious overcrowding was the norm, with an average prisoner population of nearly 200 percent capacity and some prisons housing up to 400 percent of capacity. Authorities continued a “decongestion” program that entailed releasing petty offenders and encouraging the judiciary to increase use of the Community Service Orders program in its sentencing.

The PS reported 131 deaths as of September, many attributable to sicknesses caused or exacerbated by overcrowding, lack of access to clean water, poor hygiene, and inadequate medical care. According to a study by the NCAJ released in 2017, sanitary facilities were inadequate, and tuberculosis remained a serious problem at eight prisons.

In January 2017 the NCAJ reported that despite the legal requirement to separate male prisoners from women and children, the mixing of genders and ages remained a problem in some prisons. Between January and June 2017, IPOA observed that authorities separated women from men in detention facilities on average 89 percent of the time in the 29 detention facilities its representatives visited. In smaller jails, female prisoners were not always separated from men. There were no separate facilities during pretrial detention, and sexual abuse of female prisoners was a problem. Human rights groups reported that police routinely engaged in non-consensual sex with female prisoners and that many female inmates resorted to prostitution to obtain necessities, such as sanitary items and underwear, which the Prisons Service did not provide.

Authorities generally separated minors from adults except during the initial detention period at police stations, when authorities often held adults and minors of both sexes in a single cell. Minors often mixed with the general prison population during lunch and exercise periods, according to the Coalition for Constitutional Interpretation, a domestic NGO. Prison officials reported that because there were few detention facilities for minors, authorities often had to transport them long distances to serve their sentences, spending nights at police stations under varying conditions along the way. In October 2017 the Daily Nation newspaper reported a witness had accused a police officer of raping a 13-year-old victim while she was held overnight at a police station for alleged theft. IPOA investigated the incident. A criminal prosecution was proceeding in the courts.

The law allows children to stay with their inmate mothers in certain circumstances until age four or until arrangements for their care outside the facilities are concluded, whichever is earlier.

Prisoners generally received three meals a day, but portions were inadequate. The PS stated in August that it no longer served a penal diet for punishment. Water shortages, a problem both inside and outside of prison, continued. Prisoners generally spent most of their time indoors in inadequately lit and poorly ventilated cellblocks. This was especially true for the more than one-third of inmates awaiting trial, as they were not engaged in any work programs that would allow them to leave their cells regularly.

Administration: Mechanisms for prisoners to report abuse and other concerns improved due to collaboration between the PS and the KNCHR to monitor human rights standards in prison and detention facilities. By law, the Commission on the Administration of Justice serves as ombudsman on government administration of prisons. It is to receive and treat as confidential correspondence from inmates and recommend remedies to address their concerns, including those pertaining to prison living conditions and administration. Government-established special committees, which included paralegals and prison officials, also served to increase prisoners’ access to the judicial system. The Legal Aid Center of Eldoret noted there was no single system providing “primary justice” to prisoners and detainees, who instead relied on a patchwork of services largely provided by NGOs. Many government-designated human rights officers lacked necessary training, and some prisons did not have a human rights officer.

Noncustodial community service programs and the release of some petty offenders alleviated somewhat prison overcrowding. The total prison population did not decrease substantially, however, because of unaffordable bail and bond terms for pretrial detainees, high national crime rates, overuse of custodial sentencing, and a high number of death row and life-imprisoned inmates. Legal rights NGOs and prison officials reported overuse of the charge of “robbery with violence,” which may carry a life sentence, without sufficient evidence to support it. Some petty offenders consequently received disproportionately heavy sentences.

Prison officials sometimes denied prisoners and detainees the right to contact relatives or lawyers. Family members who wanted to visit prisoners commonly reported bureaucratic obstacles that generally required a bribe to resolve. According to the Legal Resources Foundation, prisoners had reasonable access to legal counsel and other official visitors, although there was insufficient space in many prisons and jails to meet with visitors in private and conduct confidential conversations.

Independent Monitoring: The government permitted prison visits by independent nongovernmental observers.

d. Arbitrary Arrest or Detention

The law prohibits arrest or detention without a court order unless there are reasonable grounds for believing a suspect has committed or is about to commit a criminal offense. Police, however, arrested and detained citizens arbitrarily, accused them of more severe crimes than they had committed, or accused them of a crime to mask underlying police abuses.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Police Service (NPS) maintains internal security and is subordinate to the Ministry of Interior and Coordination of National Government (Interior).

In September President Kenyatta announced the reorganization of the NPS, which includes the Kenya Police Service (KPS), the Administration Police Service, and the Directorate of Criminal Investigations (DCI). The KPS remains responsible for general policing and contains specialized subunits, such as the paramilitary General Services Unit, which responds to large-scale incidents of insecurity. The Administration Police Service is now comprised of units dedicated to border security, protection of critical infrastructure, and prevention of livestock theft. The DCI is responsible for all criminal investigations and includes specialized investigative units, such as the Antinarcotics Unit, the Antiterrorism Police Unit, and the Forensics Unit.

The National Intelligence Service collects intelligence internally as well as externally and is under the direct authority of the president.

The Kenya Defense Forces are responsible for external security but have some domestic security responsibilities, including border security and supporting civilian organizations in the maintenance of order, including post-disaster response, as allowed by the constitution. The defense forces are subordinate to the Ministry of Defense. In 2015 the defense forces and police launched a coordinated operation to drive al-Shabaab terrorists out of the Boni Forest in northern Lamu and southern Garissa counties; the operation continued throughout the year.

The National Police Service Commission (NPSC) and IPOA, both government bodies, report to the National Assembly. The NPSC consists of six civilian commissioners, including two retired police officers, as well as the NPS inspector general and two deputies. The commission’s tenure ended in September; the NPSC chief operating officer was managing the NPSC until a new commission is installed. The NPSC is responsible for recruiting, transferring, vetting, promoting, and disciplining NPS. IPOA investigates serious police misconduct, especially cases of death and grave injury at the hands of police officers.

The ODPP is empowered to direct the NPS inspector general to investigate any information or allegation of criminal conduct and to institute criminal proceedings in police abuse or corruption cases.

Impunity was a major problem. Authorities sometimes attributed the failure to investigate a case of police corruption or unlawful killing to the failure of victims to file official complaints. Victims can file complaints at regional police stations, police headquarters through the Internal Affairs Unit (IAU), and through the IPOA website and hotline. More than half of all allegations of death or bodily harm by the NPS were filed at IPOA in person. Sometimes police turned away victims who sought to file complaints at police stations where alleged police misconduct originated, and instead directed them to other area stations. This created a deterrent effect on reporting complaints against police. NGOs documented threats against police officers who attempted to investigate criminal allegations against other police officers. The National Coroners Service Act, adopted in 2017, lacked enforcement regulations and funding.

Police failed to prevent vigilante violence in numerous instances but in other cases played a protective role (see section 6).

Poor casework, incompetence, and corruption undermined successful prosecutions; the overall conviction rate for criminal prosecutions was between 13 and 16 percent. Police also frequently failed to enter detainees into custody records, making it difficult to locate them. Dispute resolution at police stations resolved a significant number of crimes, but authorities did not report or record them, according to human rights organizations.

Witness harassment and fear of retaliation severely inhibited the investigation and prosecution of major crimes. The Witness Protection Agency was underfunded, doubts about its independence were widespread, and the Supreme Court cited its weaknesses as a serious judicial shortcoming. It cooperated closely with IPOA and other investigative bodies.

Human rights activists reported that at times police officers in charge of taking complaints at the local level were the same ones who committed abuses. Police officials resisted investigations and jailed some human rights activists for publicly registering complaints against government abuses.

Research by a leading legal advocacy and human rights NGO found police used disciplinary transfers of officers to hide their identities and frustrate investigations into their alleged crimes. Many media and civil society investigations into police abuse ended after authorities transferred officers, and police failed to provide any information about their identities or whereabouts.

Police accountability mechanisms, including those of IAU and IPOA, increased their capacity to investigate cases of police abuse. The IAU director reports directly to the NPS Inspector General. Fifty-eight officers served in the IAU, mostly investigators with a background in the Kenya Police Service and the Administration Police Service. The IAU conducts investigations into police misconduct, including criminal offenses not covered by IPOA. Between January and September, the IAU received approximately 900 complaints, the number of which had increased year-to-year as police and the public became more familiar with the IAU. The Ethics and Anticorruption Commission (EACC), an independent agency, investigates cases involving police corruption.

In addition to regional offices in Mombasa, Kisumu, and Garissa, during the year IPOA opened six more offices in Nakuru, Eldoret, Kakamega, Nyeri, Meru, and Lodwar and increased its staff by 100 to 212. Through the end of September, IPOA received 1,853 complaints, bringing the total since its inception in 2012 to 10,966. IPOA defines five categories of complaints. Category One complaints comprise the most serious crimes–such as murders, torture, rape, and serious injury–and result in an automatic investigation. Category Two, serious crimes such as assault without serious injury, are investigated on a case-by-case basis. Categories Three to Five, less serious crimes, are generally not investigated. Approximately one-third of IPOA complaints fall under Categories One and Two. If, after investigation, IPOA determines there is criminal liability in a case, it forwards the case to the ODPP. Through the end of September, IPOA launched 717 investigations, of which five were forwarded to the ODPP. As of October IPOA and ODPP had two cases pending in courts. On January 7, IPOA secured the conviction of police officer Titus Musila for killing Kenneth Kimani Mwangi in 2013. The court sentenced Musila to 15 years in prison. On November 14, a court sentenced two police officers to death for killing their colleague, Joseph Obongo, and two of his relatives in 2014.

The law requires that the NPSC eventually vet all serving police officers. Vetting required an assessment of each officer’s fitness to serve based on a review of documentation, including financial records, certificates of good conduct, and a questionnaire, as well public input alleging abuse or misconduct. The NPSC reported it had vetted more than more than 15,000 officers since 2012. A significant portion of the officers vetted during the year were from the traffic department. The NPSC also vetted a higher number of chief inspectors than in the past, of which the NPSC removed 50 for corruption, human rights abuses, and other reasons. Some legal challenges brought by officers vetted out of the service continued in court.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law provides police with broad powers of arrest. Police officers may make arrests without a warrant if they suspect a crime occurred, is happening, or is imminent. Victims’ rights NGOs reported that in some cases authorities required victims to pay bribes and to provide transportation for police to a suspect’s location to execute a legal arrest warrant.

The constitution’s bill of rights provides significant ‎legal protections, including provisions requiring persons to be charged, tried, or released within a certain time and provisions requiring the issuance of a writ of habeas corpus to allow a court to determine the lawfulness of detention. In many cases, however, authorities did not follow the prescribed time limits. According to the attorney general in a response to a questionnaire from the Office of the UN High Commissioner for Human Rights in 2013, “an unexplained violation of a constitutional right will normally result in an acquittal.” While authorities in many cases released the accused if held longer than the prescribed period, some cases did not result in an acquittal, and authorities provided no compensation.

Police used excessive force in some cases when making arrests. IPOA investigated allegations of excessive force that led to serious injury.

The constitution establishes the right of suspects to bail unless there are compelling reasons against release. There is a functioning bail system, and all suspects, including those accused of capital offenses, are eligible for bail. Many suspects remained in jail for months pending trial because of their inability to post bail. Due to overcrowding in prisons, courts rarely denied bail to individuals who could pay it, even when the circumstances warranted denial. For example, NGOs that worked with victims of sexual assault complained that authorities granted bail to suspects even in cases in which there was evidence that they posed a continuing threat to victims.

Although the law provides pretrial detainees with the right to access family members and attorneys, family members of detainees frequently complained that authorities permitted access only upon payment of bribes. When detainees could afford counsel, police generally permitted access to attorneys.

Arbitrary Arrest: Police arbitrarily arrested and detained persons. Victims of arbitrary arrest were generally poor young men. Human rights organizations complained that security forces made widespread arbitrary arrests and detentions during counterterrorism operations and targeted ethnic Somalis and Kenyan Muslims. In March 2017 AP officers allegedly arrested and assaulted Standard newspaper journalist Isaiah Gwengi over his stories on police brutality. The IPOA investigation continued at year’s end.

Pretrial Detention: Lengthy pretrial detention was a serious problem and contributed to prison overcrowding. Some defendants were held in pretrial detention longer than the statutory maximum term of imprisonment for the crime with which they were charged. The government claimed the average time spent in pretrial detention was 14 days, but there were reports many detainees spent two to three years in prison before their trials were completed. Police from the arresting locale are responsible for bringing detainees from prison to court when hearings are scheduled but often failed to do so, forcing detainees to wait for the next hearing of their cases (see section 1.e.).

Detainee’s Ability to Challenge Lawfulness of Detention Before a Court: The law entitles persons arrested or detained to challenge in court the legal basis or arbitrary nature of their detention, but that right was not always protected in practice. In February authorities failed to comply with a court order to produce opposition lawyer Miguna Miguna in court. Authorities instead deported Miguna on February 6, claiming that he had given up his Kenyan citizenship upon obtaining Canadian citizenship. Miguna attempted to re-enter Kenya in March, but was detained at the airport. Authorities ignored two court orders to produce or release Miguna and instead deported the lawyer a second time on March 28.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, although the government did not always respect judicial impartiality. The government sometimes undermined the independence of the judiciary. In April the minister of interior claimed the judiciary was “captured” by civil society with the intent to stall and embarrass the government.

Reform of the judiciary continued. In August the director of public prosecution directed anticorruption authorities to investigate the judiciary over allegations of misuse and loss of court funds. On August 28, authorities arrested the deputy chief justice for suspected corruption. She faces charges for abuse of office for personal gain, and undermining public integrity in the judiciary. The case against the deputy chief justice was ongoing as of year’s end. Authorities generally respected court orders, and the outcomes of trials did not appear to be predetermined.

In June parliament accused the judiciary of meddling in the legislative process, citing court orders against parliamentary procedures.

The Judicial Service Commission (JSC)–a constitutionally mandated oversight body intended to insulate the judiciary from political pressure–provides the president with a list of nominees for judicial appointment. The president selects one of the nominees for parliamentary approval. The president appoints the chief justice and appellate and High Court judges through this process. The commission publicly reviews judicial appointees. As of October President Kenyatta had not formally installed JSC nominee Judge Mohammed Warsame, whom the JCS nominated in April.

In December 2017 the judiciary issued the State of the Judiciary and the Administration of Justice Report for 2016-17, which cited more than 60,000 cases pending in court for between five and 10 years. The judiciary improved its case clearance rate during the year and substantially reduced case backlog by increasing benches of judges sitting daily.

The constitution gives the judiciary authority to review appointments and decisions made by other branches of government. Parliament generally adhered to judicial decisions, with some exceptions.

For example, in August 2016 a High Court deadline expired for parliament to enact legislation to implement the constitutionally mandated two-thirds gender principle (see section 3). In 2017 a second High Court-ordered deadline for implementation expired, despite a promise by the National Assembly majority leader to bring it to a vote. The order remained under parliamentary review at year’s end. In May the High Court issued a ruling quashing the privileges of parliament that had insulated against legal redress on any decisions parliamentarians make. In June parliament slashed the judiciary budget allocation for the 2018-19 financial year in a perceived retaliatory move.

The law provides for “kadhi” courts, which adjudicate Muslim law on marriage, divorce, and inheritance among Muslims. There were no other traditional courts. The national courts used the traditional law of an ethnic group as a guide in personal matters as long as it did not conflict with statutory law.

TRIAL PROCEDURES

The law provides for the right to a fair public trial, although individuals may give some testimony in closed session; the independent judiciary generally enforced this right. The law provides for a presumption of innocence, and defendants have the right to attend their trials, confront witnesses, and present witnesses and evidence in their defense. The law also provides defendants the right to receive prompt and detailed information on the charges against them, with free interpretation if necessary, including during trials; to be tried without undue delay; to have access to government-held evidence; and not to be compelled to testify or confess guilt. Authorities generally respected these rights, although they did not always promptly inform persons of the charges against them. During the year the judiciary completed disseminating Active Case Management Guidelines to several courts involved in a management pilot project. The judiciary implemented the pilot project in some high profile and complex cases, but had not done so on a regular basis. In January Chief Justice David Maraga launched the National Committee on Criminal Justice Reforms to coordinate justice sector reform. On September 22, Maraga inaugurated the Criminal Procedure Bench Book as part of ongoing judicial reforms.

Trial delays sometimes resulted because witnesses failed to present themselves, judges cancelled trial dates without notice, witnesses were not protected, or legal counsel failed to appear. Authorities generally respected a defendant’s right to consult with an attorney in a timely manner. Defendants generally had adequate time to prepare a defense if they were capable of doing so. The government and courts generally respected these rights. There was no government-sponsored public defenders service, and courts continued to try the vast majority of defendants without representation because they could not afford legal counsel.

In May, 2,000 inmates at a regional prison declined to appear in court over processing and conclusion of their court cases. The inmates accused the justice system of detaining them without trial. The judiciary resolved the matter after three weeks by rotating additional judges to the court.

The Legal Aid Act enacted in 2016 established the National Legal Aid Service to facilitate access to justice, with the ultimate goal of providing pro-bono services for indigent defendants who cannot afford legal representation. Other pro-bono legal aid was available only in major cities where some human rights organizations, notably the Federation of Women Lawyers, an international NGO, provided it. The Law Society of Kenya (LSK) held the annual legal awareness week in September with the theme “Corruption: a crime against justice, democracy, development and prosperity.” During the week, LSK provided free legal aid at all High Courts nation-wide.

The ODPP significantly increased the number of trained prosecutors during the year. According to the ODPP, as of June 29, there were an estimated 627 state prosecutors, compared with 200 in 2013, as well as 402 support staff. The expansion of the prosecution service reduced delays in court proceedings. The ODPP suffered high staff turnover, largely due to the judiciary offering better pay. To fill the gap, the office increased recruiting efforts and brought in more than 90 new prosecutors during the year.

Discovery laws are not clearly defined, handicapping defense lawyers. Implementation of a High Court ruling requiring provision of written statements to the defense before trial remained inconsistent. Defense lawyers often did not have access to government-held evidence before a trial. There were reports the government sometimes invoked the Official Secrets Act as a basis for withholding evidence.

Defendants may appeal a verdict to a High Court and ultimately to the Court of Appeal and, for some matters, to the Supreme Court.

POLITICAL PRISONERS AND DETAINEES

While generally not an issue, there was one report of a political prisoner or detainee. Authorities detained opposition lawyer Miguna Miguna for several days following the January 30 ceremony swearing in Raila Odinga as “the people’s president.” Authorities failed to comply with a court order to produce Miguna and instead deported him, claiming that he had given up his Kenyan citizenship upon obtaining Canadian citizenship (see section 1.d).

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals may use the civil court system to seek damages for violations of human rights and may appeal decisions to the Supreme Court as well as to the African Court of Justice and Human Rights. In 2016 the judiciary launched a program of Enhanced Service Delivery Initiatives to promote more efficient and affordable justice. The program introduced Performance Management Understandings as a method for measuring the performance of judicial staff, judges, and magistrates by work delivery. In 2017 Supreme Court Chief Justice Maraga launched a strategic blueprint for judicial reform, which included an Implementation and Monitoring Committee. In September the ODPP set up a task force to review the national prosecution policy and other guidelines. The task force was expected to develop guidelines on alternatives to prosecution, formulate ODPP charge sheet formats and information, develop standard guidelines on preparation of case files, and develop rules on the operationalization of a central intake of cases.

According to human rights NGOs, bribes, extortion, and political considerations influenced the outcomes in some civil cases. Court fees for filing and hearing civil cases effectively barred some from access to the courts.

PROPERTY RESTITUTION

There is no single established system of land tenure in the country: private titles compete with customary land rights and community land, while public land is vulnerable to squatters or to unscrupulous developers. There is no clear legal framework for issuing title deeds or for adjudicating land disputes because of legal disputes between the National Land Commission, vested with powers of land adjudication through the constitution and 2012 implementing legislation, and the Ministry of Lands. Plots of land were sometimes allocated twice. The Community Land Act signed into law in 2016 allows communities to apply for land registrations as a single entity and put in train the adjudication process in which their applications will be considered alongside any competing claims. In June the government launched its first National Land Use Policy, calling for the issuance of titles based on approved physical development plans.

A report by the Truth, Justice, and Reconciliation Commission (TJRC) established in the aftermath of the 2007-08 postelection violence identified land reform, including titling, as a key issue, and issued recommendations, which were largely not implemented. NGOs and media reported progress had been uneven. For example, according to the daily Standard newspaper, in January 2017 a branch of the High Court ruled that more than three million land title deeds issued by the government since 2013 had been irregularly processed and were therefore invalid, but could be corrected. The judgment was based on the parliament’s failure to approve regulations required to implement the Land Registration Act.

There is no established system for restitution or compensation for those declared to be squatters and ordered to vacate land. Both private and communal clashes were common because of land disputes. The government used forced eviction and demolition to restore what it claimed was illegally occupied public land. For example, in July authorities demolished buildings in the Nairobi informal settlement Kibera, including seven schools, and the residences of more than 10,000 persons. Despite promises to complete a resettlement plan and restitution manifest prior to the demolition, authorities failed to do so.

Evictions also continued in the Mau forest in southwest Kenya. In July authorities forcefully evicted approximately 2,000 persons considered squatters without legal right to live on public land. This led to increased intercommunity clashes in the area in August and September.

In May 2017 the African Union Court on Human and Peoples’ Rights found in favor of the indigenous Ogiek community evicted in 2009 from the Mau Forest. The court ruled the government’s actions had violated seven articles of the African Charter on Human and People’s Rights, to which the country is a signatory. The ruling gave the government until November 2017 to implement the required remedies, but at year’s end, the attorney general had taken no action.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, except “to promote public benefit,” but authorities sometimes infringed on citizens’ privacy rights. The law permits police to enter a home without a search warrant if the time required to obtain a warrant would prejudice an investigation. Although security officers generally obtained search warrants, they occasionally conducted searches without warrants in the course of large-scale security sweeps to apprehend suspected criminals or to seize property believed stolen. For example, in August 2017, according to multiple press and NGO reports, police conducted house-to-house operations in Kisumu County in connection with protests in the wake of the August 2017 election. In one of the homes, police allegedly beat a husband, wife, and their six-month-old daughter (known as “Baby Pendo”). KNCHR confirmed the infant died of her injuries in September 2017. In November 2017 IPOA completed its investigation into the infant’s death and referred the case to the ODPP for potential prosecution. ODPP declined to prosecute due to lack of evidence identifying the culpable officers. IPOA then referred the case to a magistrate for a public inquest, which met several times, most recently on July 11.

Human rights organizations reported police officers raided homes in informal settlements in Nairobi and communities in the coast region in search of suspected terrorists and weapons. The organizations documented numerous cases in which plainclothes police officers searched residences without a warrant and household goods were confiscated when residents were unable to provide receipts of purchase on demand.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The law provides for freedom of expression, including for the press, but the government sometimes restricted this right.

Freedom of Expression: In 2017 a branch of the High Court declared unconstitutional Section 132 of the Penal Code, which criminalized “undermining the authority of a public officer,” ruling the provision violated the fundamental right of freedom of expression. Other provisions of the constitution and the National Cohesion and Integration Act prohibiting hate speech and incitement to violence remained in force. Authorities arrested numerous members of parliament (MPs) on incitement or hate speech charges. In September 2017 authorities arrested MP Paul Ongili (aka Babu Owino) on charges of subversion and incitement and later charged him with causing grievous harm to a voter. These charges remained pending. In March the Nairobi High Court nullified Ongili’s election as an MP on charges of electoral malpractice and related violence. In June the Appeals Court overturned the High Court decision, reinstating Ongili’s election.

Press and Media Freedom: The government occasionally interpreted laws to restrict press freedom, and officials occasionally accused the international media of publishing stories and engaging in activities that could incite violence. Two laws give the government oversight of media by creating a complaints tribunal with expansive authority, including the power to revoke journalists’ credentials and levy debilitating fines. The government was the media’s largest source of advertising revenue, and regularly used this as a lever to influence media owners.

Sixteen other laws restrict media operations and place restrictions on freedom of the press. In 2016 the president signed into law the Access to Information bill, which media freedom advocates lauded as progress in government transparency.

In March eight prominent columnists collectively resigned from the National Media Group, the country’s largest media group, via a joint statement citing a “loss in editorial independence,” including as an example the firing of managing editor Denis Galaya over an editorial critical of President Kenyatta.

Violence and Harassment: Journalists alleged security forces or supporters of politicians at the national and county levels sometimes harassed and physically intimidated them. The government at times failed to investigate allegations of harassment, threats, and physical attacks on members of the media.

In March, according to multiple reports, police physically assaulted television and print journalists at Nairobi’s international airport covering the return of opposition lawyer Miguna Miguna from abroad. Reporters from KTN, NTV and Citizen TV alleged injuries from the altercation.

Numerous news outlets and NGOs reported that intimidation of journalists following the 2017 elections continued into the year. On September 9, police in Nyeri County arrested Irene Mugo of Daily Nation and Lydia Nyawira of Standard media for interviewing relatives of a man arrested for wearing a T-shirt carrying a message presumed to be against Deputy President William Ruto. Authorities released the journalists without charges the next day.

Most news media continued to cover a wide variety of political and social issues, and most newspapers published opinion pieces criticizing the government.

Censorship or Content Restrictions: The mainstream media were generally independent, but there were reports by journalists that government officials pressured them to avoid certain topics and stories and intimidated them if officials judged they had already published or broadcast stories too critical of the government. There were also reports journalists avoided covering issues or writing stories they believed their editors would reject due to direct or indirect government pressure. On January 30, the government blocked KTN, NTV, and Citizen TV over plans to broadcast a public ceremony held by elements of the opposition coalition to symbolically swear in Raila Odinga as “the people’s president.” On January 31, the High Court ordered the ban suspended for 14 days while the court examined the case. The government refused to comply with the court order, calling the matter a security issue. On February 5, the government permitted NTV and KTN to resume broadcasting, and Citizen TV returned to the air on February 8.

Journalists practiced self-censorship to avoid conflict with the government on sensitive subjects, such as the first family.

Libel/Slander Laws: In 2017 a branch of the High Court declared unconstitutional Section 194 of the Penal Code, which defined the offense of criminal defamation. Libel and slander remain civil offenses.

National Security: The government cited national or public security as grounds to suppress views that it considered politically embarrassing. The government cited security grounds for preventing media houses from covering the January 30 symbolic swearing in of Raila Odinga.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. Authorities, however, monitored websites for violations of hate speech laws. On May 16, President Kenyatta signed into law the Computer Misuse and Cybercrime Act, which was to come into force on May 30. On May 29, the High Court suspended enforcement of 25 sections of the new law pending further hearings. The court based the suspension on complaints that the law was overly vague and subject to misuse, that it criminalized defamation, and that it failed to include intent requirements in key provisions and exceptions for public use and whistleblowers. The hearings remained pending as of the year’s end.

By law, mobile telephone service providers may block mass messages they judge would incite violence. The National Cohesion and Integration Commission (NCIC) tracked bloggers and social media users accused of spreading hate speech. Leading up to the 2017 election season, hate speech, disinformation, and surveillance were reported, and the Communications Authority of Kenya issued regulations that could limit disinformation online.

According to the International Telecommunication Union, 17.8 percent of the population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events. In 2016 the president signed into law the Protection of Traditional Knowledge and Cultural Expressions Bill.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

Although the constitution and law provide for freedom of assembly, the government sometimes restricted this right. Police routinely denied requests for meetings filed by human rights activists, and authorities dispersed persons attending meetings that had not been prohibited beforehand. Organizers must notify local police in advance of public meetings, which may proceed unless police notify organizers otherwise. By law authorities may prohibit gatherings only if there is another previously scheduled meeting at the same time and venue or if there is a perceived specific security threat.

Police used excessive force at times to disperse demonstrators. The local press reported on multiple occasions that police used tear gas to disperse demonstrators or crowds of various types, including looters at the demolition of a shopping mall in September. On August 6, police tear-gassed Kenyatta National Hospital staff staging a peaceful protest over nonpayment of their health service allowances. IPOA’s investigation of resulting complaints continued as of year’s end.

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, and the government generally respected this right, but there were reports that authorities arbitrarily denied this right in some cases. A statement by the UN Office of the High Commissioner for Human Rights dated July 11 noted reprisals faced by numerous human rights defenders and communities that raised human rights concerns. Reprisals reportedly took the form of intimidation, termination of employment, beatings, and arrests and threats of malicious prosecution. There were reports of restrictions on workers’ freedom of association, including in the agribusiness and public sectors. Trade unionists reported workers dismissed for joining trade unions or for demanding respect for their labor rights.

The Societies Act requires that every public association be either registered or exempted from registration by the Registrar of Societies. The NGO Coordination Act requires that NGOs dedicated to advocacy, public benefit, or the promotion of charity or research register with the NGO Coordination Board. In February the High Court ordered the NGO Coordination Board to pay the Kenya Human Rights Commission KSH two million ($20,000) compensation for illegally freezing its accounts and attempting to deregister it in 2017. The NGO Coordination Board had also attempted to deregister the Africa Centre for Open Governance, but a court overturned that decision in December 2017.

The NGO Coordination Act of 1990 requires organizations employing foreign staff to seek authorization from the NGO Coordination Board before applying for a work permit.

In 2016 the Ministry of Devolution and Planning announced its intention to implement immediately the 2013 Public Benefits Organization (PBO) Act, an important step in providing a transparent legal framework for NGO activities. Despite two court rulings ordering the government to operationalize the PBO Act. In September the interior cabinet secretary pledged to operationalize the PBO Act by the end of the year but the government failed to do so.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: In August 2017 citizens voted in the second general election under the 2010 constitution, electing executive leadership and parliamentarians, county governors, and members of county assemblies. International and domestic observers, such as the Kenya Elections Observation Group, African Union Observer Mission, and the Carter Center, judged the elections generally credible, although some civil society groups raised concerns about irregularities. In the presidential election, Jubilee Party candidate Uhuru Kenyatta won with a margin significantly above that of runner-up candidate Raila Odinga of the National Super Alliance (NASA). NASA challenged the results in a petition to the Supreme Court. In September 2017 the court ruled in NASA’s favor, annulling the presidential elections and citing the IEBC for irregularities in voter registration and technical problems with vote tallying and transmission. The court ordered a new election for president and deputy president, which was held on October 26, 2017.

On October 10, 2017, Odinga announced his withdrawal from the new election, saying the IEBC had not taken sufficient steps to ensure a free and fair election. The October 26 vote was marred by low voter turnout in some areas and protests in some opposition strongholds. Human Rights Watch documented more than 100 persons badly injured and at least 33 killed by police using excessive force in response to protests following the August election, and the Independent Medico-Legal Unit reported another 13 deaths before, during, and after the October vote. On October 30, 2017, the IEBC declared Kenyatta the winner of the new election. On November 20, 2017, the Supreme Court rejected petitions challenging the October 26 elections and upheld Kenyatta’s victory. Odinga refused to accept Kenyatta’s re-election and repeated his call for people’s assemblies across the country to discuss constitutional revisions to restructure the government and the elections process. On January 30, elements of the opposition publicly swore Odinga in as “the People’s President,” and the government shut down major public media houses for several days to prevent them from covering the event. Kenyatta and Odinga publicly reconciled on March 9 and pledged to work together towards national unity.

To reduce voter fraud, the government used a biometric voter registration system, first used in 2013. Possession of a national identity card or passport was a prerequisite for voter registration. According to media reports, political parties were concerned about hundreds of thousands of national identity cards produced but never collected from National Registration Bureau offices around the country, fearing that their supporters would not be able to vote. Ethnic Somalis and Muslims in the coast region and ethnic Nubians in Nairobi complained of discriminatory treatment in the issuance of registration cards, noting that authorities sometimes asked them to produce documentation proving their parents were citizens.

Participation of Women and Minorities: Voting rates and measures of other types of participation in the political process by women and members of minorities remained lower than those of men.

The constitution provides for parliamentary representation by women, youth, persons with disabilities, ethnic minorities, and marginalized communities. The constitution specifically states no gender should encumber more than two-thirds of elective and appointed offices (the Two-Third Gender Rule). The Supreme Court set an initial August 2016 deadline for implementation of this provision, but that passed without action and the National Assembly failed to meet a second deadline in May 2017. In August 2017 two NGOs filed a petition for the High Court to declare the composition of the National Assembly and Senate unconstitutional for failure to meet the Two-Third Gender rule. The petition had not been heard as of November. During the year men composed the entirety of the leadership of the National Assembly, unlike the previous parliament, in which both the deputy speaker and deputy majority leader were women. The cabinet also did not conform to the two-thirds rule; President Kenyatta appointed six women to the cabinet, representing 21 percent of the seats.

A September 2017 forum on Violence Against Women in Elections (VAWIE) that included the Elections Observation Group and the Federation of Women Lawyers in Kenya (FIDA) identified significant barriers to women’s participation in the political process. The chief concerns were violence and insecurity stemming from economic and financial intimidation, harassment based on perceived levels of sexual or moral purity, threats of divorce, and other familial or social sanctions. The 2013 study by FIDA and the National Democratic Institute, A Gender Audit of Kenya’s 2013 Election Process, highlighted challenges particular to female candidates, including irregularities in political party primaries that prevented women from competing in elections and the consistent failure of political parties to adhere to their own stated procedures for choosing candidates. FIDA reported a drop in verifiable VAWIE cases from 5,000 in 2013 to 300 in 2017, but identified serious political backlash for reporting abuses, harassment, or discrimination within the political parties.

The overall success rate of women candidates who ran for positions in the 2017 national elections was 16 percent, with 47 women elected to the National Assembly and three to the Senate. Women were elected to three of the 47 governorships. The constitution provides for the representation in government of ethnic minorities, but implementation was incomplete. The constitution also calls for persons with disabilities to hold a minimum of 5 percent of seats in the Senate and National Assembly. According to an October report by the Committee on the Elimination of all Forms of Discrimination against Women (CEDAW), persons with disabilities comprised only 2.8 percent of the Senate and National Assembly.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape, defilement, sexual violence within marriage, and sex tourism, but enforcement remained limited. The law criminalizes abuses that include early and forced marriage, FGM/C, forced wife “inheritance,” and sexual violence within marriage. The law’s definition of violence also includes damage to property, defilement, economic abuse, emotional or psychological abuse, harassment, incest, intimidation, physical abuse, stalking, verbal abuse, or any other conduct against a person that harms or may cause imminent harm to the safety, health, or well-being of the person. Under law, insulting the modesty of another person by intruding upon that person’s privacy or stripping them of clothing are criminal offenses punishable by imprisonment for up to 20 years.

The law provides a maximum penalty of life imprisonment for rape, although sentences were at the discretion of the judge and usually no longer than the minimum of 10 years.

Citizens frequently used traditional dispute resolution mechanisms, commonly known as maslaha, to address sexual offenses in rural areas, with village elders assessing financial compensation for the victims or their families. They also used such mechanisms occasionally in urban areas. In February however, the interior cabinet secretary announced that the government would not permit local government officials and community leaders to use maslaha to resolve the gang rape of a 15-year-old girl in rural Wajir County, and that the investigation must proceed through official channels.

The National Police Service recorded 2,557 reports of sexual gender based violence (SGBV) between January and June on the National Sexual Gender Based Violence Information System. Authorities investigated 2,393 cases, leading to 454 prosecutions, with six convictions as of June.

The governmental KNCHR’s November report on sexual violence during and after the 2017 election found that sexual and gender-based violations accounted for 25 percent of human rights violations, and 71 percent of the sexual assaults were categorized as rape. Ninety-six percent of the victims were female. The same report found that security officers committed an estimated 55 percent of the documented sexual assaults. More than half the victims lived in informal settlements in urban areas, primarily in Nairobi, and 80 percent were either unable to access or did not seek proper medical care within 72 hours. Only 22 percent of the documented victims reported the assault to police, and police reportedly acted indifferently to some accusations of sexual assault against authorities. KNCHR’s report included a raft of official recommendations to the Presidency, the National Police Service Commission, the Ministries of Interior and Health, IPOA, ODPP, the Judiciary, county governments, and other state bodies.

Although police no longer required physicians to examine victims, physicians still had to complete official forms reporting rape. Rural areas generally had no police physician, and in Nairobi there were only three. NGOs reported police stations often but inconsistently accepted the examination report of clinical physicians who initially treated rape victims.

Authorities cited domestic violence as the leading cause of preventable, non-accidental death for women during the year. Except in cases of death, police officers generally refrained from investigating domestic violence, which they considered a private family matter.

Female Genital Mutilation/Cutting (FGM/C): The law makes it illegal to practice FGM/C, procure the services of someone who practices FGM/C, or send a person out of the country to undergo the procedure. The law also makes it illegal to make derogatory remarks about a woman who has not undergone FGM/C. Government officials often participated in public awareness programs to prevent the practice. Nevertheless, individuals practiced FGM/C widely, particularly in some rural areas. According to a study by ActionAid Kenya published in October, despite the legal prohibition on FGM/C, myths supporting the practice remained deep-rooted in some local cultures. The study concluded approximately 21 percent of adult women had undergone the procedure some time in their lives, but the practice was heavily concentrated in a minority of communities, including the Maasai (78 percent) and Samburu (86 percent).

Media reported growing numbers of female students refused to participate in FGM/C ceremonies, traditionally performed during the August and December school holidays. Media reported arrests of perpetrators and parents who agreed to FGM/C, but parents in regions with a high prevalence of FGM/C frequently bribed police to allow the practice to continue. There were also reports the practice of FGM/C increasingly occurred underground to avoid prosecution.

For more information, see Appendix C.

Other Harmful Traditional Practices: Certain communities practiced wife inheritance, in which a man inherits the widow of his brother or other close relative, regardless of her wishes. Such inheritance was more likely in cases of economically disadvantaged women with limited access to education living outside of major cities. Other forced marriages were also common. The law codifies the right of men to enter into consensual marriage with additional women without securing the consent of any existing wife.

Sexual Harassment: The law prohibits sexual harassment. Sexual harassment was often not reported, and victims rarely filed charges.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The constitution provides equal rights for men and women and specifically prohibits discrimination on the grounds of race, pregnancy, marital status, health status, ethnic or social origin, color, age, disability, religion, conscience, belief, culture, dress, language, or birth. The justice system and widely applied customary laws that discriminated against women, limiting their political and economic rights.

The constitution prohibits gender discrimination in relation to land and property ownership and gives women equal rights to inheritance and access to land. The constitution also provides for the enactment of legislation for the protection of wives’ rights to matrimonial property during and upon the termination of a marriage, and it affirms that parties to a marriage are entitled to equal rights at the time of marriage, during the marriage, and at its dissolution. For example, according to a 2018 World Bank report, it was difficult in much of the country for widows to access a deceased husband’s bank account.

According to an October report by CEDAW, despite the laws, much of the country held to the traditions that married women are not entitled to their fathers’ property and that upon remarriage, a woman loses her claim to her deceased husband’s property. In May the High Court dismissed a case by FIDA challenging the constitutionality of the provision of the Matrimonial Property Act stating that parties to a marriage are entitled to marital property proportional to their contribution towards acquiring it. FIDA had argued that the provision indirectly discriminates against women, who often contribute less directly to marital income.

Children

Birth Registration: A child derives citizenship from the citizenship of the parents, and either parent may transmit citizenship. Birth registration is compulsory. An estimated 63 percent of births were officially registered. Lack of official birth certificates resulted in discrimination in delivery of public services. The Department of Civil Registration Services began implementing the Maternal Child Health Registration Strategy requiring nurses administering immunizations to register the births of unregistered children.

For additional information, see Appendix C.

Education: Education is tuition free and compulsory through age 13. Authorities did not enforce the mandatory attendance law uniformly.

While the law provides pregnant girls the right to continue their education until after giving birth, NGOs reported that schools often did not respect this right. School executives sometimes expelled pregnant girls or transferred them to other schools.

Child Abuse: The law criminalizes several forms of violence that affect children, including early and forced marriage, FGM/C, incest, and physical, verbal, and sexual abuse. Violence against children, particularly in poor and rural communities, was common, and child abuse, including sexual abuse, occurred frequently.

The minimum sentence for conviction of defilement is life imprisonment if the victim is younger than 11 years old, 20 years in prison if the victim is between ages 11 and 16, and 10 years’ imprisonment if the child is age 16 or 17. Although exact numbers were unavailable, media reported several defilement convictions during the year. In September a court sentenced an 82-year-old man to life imprisonment for defiling a minor.

The government banned corporal punishment in schools, but there were reports corporal punishment occurred.

Early and Forced Marriage: The minimum age for marriage is 18 years for women and men. Media occasionally highlighted the problem of early and forced marriage, which some ethnic groups commonly practiced. Under the constitution, the kadhi courts retained jurisdiction over Muslim marriage and family law in cases where all parties profess the Muslim religion and agree to submit to the jurisdiction of the courts. According to media reports, in August, six men in Baringo County killed a 13-year-old girl for refusing to become a 60-year-old man’s fifth wife. For additional information, see Appendix C.

Sexual Exploitation of Children: The law criminalizes sexual exploitation of children, including prohibiting procurement of a child younger than age 18 for unlawful sexual relations. The law also prohibits domestic and international trafficking, or the recruitment, harboring, transportation, transfer, or receipt of children up to the age of 18 for the production of pornography or for pornographic performances. Provisions apply equally to girls and boys. The Sexual Offenses Act has specific sections on child trafficking, child sex tourism, child prostitution, and child pornography. Nevertheless, according to human rights organizations, children were sexually exploited and victims of trafficking.

Child Soldiers: Although there were no reports the government recruited child soldiers, there were reports that the al-Shabaab terrorist group recruited children in areas bordering Somalia.

Displaced Children: Poverty and the spread of HIV/AIDS continued to intensify the problem of child homelessness. Street children faced harassment and physical and sexual abuse from police and others and within the juvenile justice system. The government operated programs to place street children in shelters and assisted NGOs in providing education, skills training, counseling, legal advice, and medical care to street children whom the commercial sex industry abused and exploited.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

The Jewish community is small, and there were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with disabilities, but the government did not effectively enforce these provisions. A number of laws limit the rights of persons with disabilities. For example, the Marriage Act limits the rights of persons with mental disabilities to get married and the Law of Succession limits the rights of persons with disabilities to inheritance. The constitution provides for legal representation of persons with disabilities in legislative and appointive bodies. The law provides that persons with disabilities should have access to public buildings, and some buildings in major cities had wheelchair ramps and modified elevators and restrooms. The government did not enforce the law, however, and new construction often did not include accommodations for persons with disabilities. Government buildings in rural areas generally were not accessible to persons with disabilities. According to NGOs, police stations remained largely inaccessible to persons with mobility disabilities.

NGOs reported that persons with disabilities had limited opportunities to obtain education and job training at all levels due to lack of accessibility of facilities and resistance by school officials and parents to devoting resources to students with disabilities.

Authorities received reports of killings of persons with disabilities as well as torture and abuse, and the government took action in some cases. In June the government reported a rise in defilement and confinement of persons living with albinism. According to an official, a majority of cases went unreported, while others were handled informally at the village level.

Persons with disabilities faced significant barriers to accessing health care. They had difficulty obtaining HIV testing and contraceptive services due to the perception they should not engage in sexual activity. According to Handicap International, 36 percent of persons with disabilities reported facing difficulties in accessing health services; cost, distance to a health facility, and physical barriers were the main reasons cited.

Few facilities provided interpreters or other accommodations to persons with hearing disabilities. The government assigned each region a sign language interpreter for court proceedings. Authorities often delayed or adjourned cases involving persons who had hearing disabilities due to a lack of standby interpreters, according to an official with the NGO Deaf Outreach Program. According to the KNCHR, 10 secondary schools in the country could accommodate persons with hearing limitations.

The Ministry for Devolution and Planning is the lead ministry for implementation of the law to protect persons with disabilities. The quasi-independent but government-funded parastatal National Council for Persons with Disabilities assisted the ministry. Neither entity received sufficient resources to address effectively problems related to persons with disabilities.

Nominated and elected parliamentarians with disabilities formed the Kenya Disability Parliamentary Caucus in 2013 and issued a strategy statement focusing on improving economic empowerment and physical access for persons with disabilities as well as integrating disability rights into county government policies. According to a 2017 CEDAW report, persons with disabilities comprised only 2.8 percent of the Senate and National Assembly, less than the 5 percent mandated by the constitution (see section 3).

National/Racial/Ethnic Minorities

There were 42 ethnic groups in the country; none holds a majority. The Kikuyu and related groups dominated much of private commerce and industry and often purchased land outside their traditional home areas, which sometimes resulted in fierce resentment from other ethnic groups, especially in the coastal and Rift Valley areas.

Many factors contributed to interethnic conflicts: longstanding grievances regarding land-tenure policies and competition for scarce agricultural land; the proliferation of illegal guns; cattle rustling; the growth of a modern warrior/bandit culture (distinct from traditional culture); ineffective local political leadership; diminished economic prospects for groups affected by regional droughts; political rivalries; and the struggle of security forces to quell violence. Conflict between landowners and squatters was particularly severe in the Rift Valley and coastal regions, while competition for water and pasture was especially serious in the north and northeast. According to the Office of the United Nations High Commissioner for Human Rights, between December 2016 and April 2017, in defiance of a court order, Kenya Forest Service guards burned multiple dwellings of the minority Sengwer tribe in order to evict them from Embobut Forest.

There was frequent conflict, including banditry, fights over land, and cattle rustling, among the Somali, Turkana, Gabbra, Borana, Samburu, Rendille, and Pokot ethnic groups in arid northern, eastern, and Rift Valley areas that at times resulted in deaths. Disputes over county borders were also a source of ethnic tensions. In August and September, there were a number of deadly inter-community clashes over government proposals to resume the evictions from the Mau forest in the southern Rift Valley region. As part of a dispute dating back to the colonial period, the government claims many of the communities were illegally living on and damaging forest land in a crucial conservation zone and drainage basin.

Ethnic differences also caused a number of discriminatory employment practices.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution does not explicitly protect LGBTI persons from discrimination based on sexual orientation or gender identity. The penal code criminalizes “carnal knowledge against the order of nature,” which was interpreted to prohibit consensual same-sex sexual activity, and specifies a maximum penalty of 14 years’ imprisonment if convicted. A separate statute specifically criminalizes sex between men and specifies a maximum penalty of 21 years’ imprisonment if convicted. Police detained persons under these laws, particularly persons suspected of prostitution, but released them shortly afterward. In April 2016 the National Gay and Lesbian Human Rights Commission filed Petition 150 of 2016 challenging the constitutionality of these penal codes. As of year’s end the two cases remained in progress. On March 22, the Court of Appeals in Mombasa ruled that the use of forced anal examinations by the state to determine participation in homosexual acts is unconstitutional. During the year the Kenya Film and Classification Board banned showings of the Kenyan film Rafiki over its presentation of LGBTI themes. After the film debuted at the Cannes Film Festival in France, a Kenyan court ordered the ban suspended for one week in October so that the film could qualify to be nominated for a U.S. Academy Award.

LGBTI organizations reported police more frequently used public-order laws (for example, disturbing the peace) than same-sex legislation to arrest LGBTI individuals. NGOs reported police frequently harassed, intimidated, or physically abused LGBTI individuals in custody.

Authorities permitted LGBTI advocacy organizations to register and conduct activities.

Violence and discrimination against LGBTI individuals was widespread. In June LGBTI activists reported receiving death threats following the first pride event held at Kakuma refugee camp.

In May 2017 the government gazetted a taskforce in order to implement a High Court’s judgment in the 2014 Baby ‘A’ case recognizing the existence of intersex persons. The taskforce was seen as a step to reduce violence and discrimination targeting intersex persons. In July 2017 the taskforce launched a nationwide program to record the number of intersex citizens. That information was not publicly available as of October.

HIV and AIDS Social Stigma

The government, along with international and NGO partners, made progress in creating an enabling environment to combat the social stigma of HIV and AIDS and to address the gap in access to HIV information and services. For example, the government launched treatment guidelines for sex workers and injected drug users in collaboration with key stakeholders. The government and NGOs supported a network of more than 5,000 counseling and testing centers providing free HIV/AIDS diagnosis. Diagnosis of other sexually transmitted infections was available through hospitals and clinics throughout the country. In 2016, according to its website, the First Lady’s Beyond Zero Campaign to stop HIV infections led to the opening of 46 mobile clinics across the country.

Stigma nonetheless continued to hinder efforts to educate the public about HIV/AIDS and to provide testing and treatment services. In July a court sentenced a woman to death for murdering her boyfriend when she discovered that he had hidden his HIV positive status from her.

Other Societal Violence or Discrimination

Mob violence and vigilante action were common in areas where the populace lacks confidence in the criminal justice system. In September a mob protesting the police killing of a civilian attacked a police station in Kisii County (western region) and killed three persons, including one officer. The social acceptability of mob violence also provided cover for acts of personal vengeance. Police frequently failed to act to stop mob violence.

Land owners formed groups in some parts of the country to protect their interests from rival groups or thieves. In March the National Cohesion and Integration Commission reported more than 100 such organized groups nationwide. Reports indicated that politicians often fund these groups or provide them weapons, particularly around election periods. Mombasa County reported 20 land invasions between March and July in parts of Mombasa and neighboring Kilifi counties.

In 2016 the Senate and the National Assembly established a joint parliamentary select committee to investigate police brutality and mob violence. The committee’s activities ceased, however, in the run up to the 2017 election.

Societal discrimination continued against persons with albinism, many of whom left their home villages due to fear of abuse and moved to urban areas where they believed they were safer. Individuals attacked persons with albinism for their body parts, which some believed could confer magical powers and which could be sold for significant sums.

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor, including by children. The country made moderate advances to prevent or eliminate forced labor.

The government did not effectively enforce the law and some forced labor occurred. Certain legal provisions, including the penal code and the Public Order Act, impose compulsory prison labor. Resources, inspections, and remediation were not adequate to prevent forced labor, and penalties were not sufficient to deter violations. Violations included debt bondage, trafficking of workers, and compulsion of persons, even family members, to work as domestic servants. The government prosecuted 59 cases of forced labor, primarily in cattle herding, street vending, begging, and agriculture in 2017. Domestic workers from Uganda, herders from Ethiopia, and others from Somalia, South Sudan, and Burundi were subjected to forced labor.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for work (other than apprenticeships) is 16, and the minimum age for hazardous work is 18. These protections, however, only extend to children engaged under formal employment agreements, and do not extend to those children working informally. The ministry, in collaboration with the International Labor Organization (ILO), the international donor community, and NGOs, published a list of specific jobs considered hazardous that would constitute the worst forms of child labor in 2014. This list includes but is not limited to scavenging, carrying stones and rocks, metalwork, working with machinery, mining and stone crushing. The law explicitly prohibits forced labor, trafficking, and other practices similar to slavery; child soldiering; prostitution; the use, procuring, or offering of a child for the production of pornography or for pornographic performances; and the use by an adult for illegal activities (such as drug trafficking) of any child up to age 18. The law applies equally to girls and boys.

The law allows children ages 13 to 16 to engage in industrial undertakings when participating in apprenticeships. Industrial undertakings are defined under law to include work in mines, quarries, factories, construction, demolition, and transportation, which the list for children includes as hazardous work.

The law provides for penalties for any person who employs, engages, or uses a child in an industrial undertaking in violation of the law. Fines in the formal sector were generally enough to deter violations. Employment of children in the formal industrial wage sector in violation of the Employment Act was rare. The law does not prohibit child labor for children employed outside the scope of a contractual agreement. Child labor in the informal sector was widespread but difficult to monitor and control.

The Ministry of Labor enforces child labor laws, but enforcement remained inconsistent due to resource constraints. Supplementary programs, such as the ILO-initiated Community Child Labor monitoring program, helped provide additional resources to combat child labor. These programs identified children who were working illegally, removed them from hazardous work conditions, and referred them to appropriate service providers. The government also worked closely with the Central Organization of Trade Unions, and the Federation of Kenyan Employers to eliminate child labor.

In support of child protection, the Ministry of Labor launched a national online database system in May 2017. The Child Protection Information Management System collects, aggregates and reports on child protection data that informs policy decisions and budgeting for orphans and vulnerable children. The web-based system allows for an aggregate format of data to be made available to all the child protection stakeholders. In 2017 two new Child Rescue Centers were established in Siaya and Kakamega counties, bringing the total number of these centers to eight. Child Rescue Centers withdraw and rehabilitate child laborers and provide counseling and life skills training.

The government continued to implement the National Safety Net Program for Results, a project seeking to establish an effective national safety net program for poor and vulnerable households, and the Decent Work Country Program, a project designed to advance economic opportunities. Under these programs, the government pays households sheltering orphans or other vulnerable children to deter the children from dropping out of school and engaging in forced labor. For example, there have been some cases reported in Western Kenya of girls dropping out of secondary school and engaging in sex work in order to afford basic supplies.

According to a 2016 UNICEF study, 26 percent of children between ages 14 and under (almost 5 million children) engaged in child labor. Many children worked on family plots or in family units on tea, coffee, sugar, sisal, tobacco, and rice plantations, as well as in the production of miraa (khat). Children worked in mining, including in abandoned gold mines, small quarries, and sand mines. Children also worked in the fishing industry. In urban areas businesses employed children in hawking, scavenging, carrying loads, fetching and selling water, and selling food. Children often worked long hours as domestic servants in private homes for little or no pay, and there were reports of physical and sexual abuse of child domestic servants. Parents sometimes initiated forced or compulsory child labor, such as in agricultural labor and domestic service, but also including prostitution.

Most of the trafficking of children within the country appeared related to domestic labor, with migrant children trafficked from rural to urban areas.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/ .

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination but does not explicitly prohibit discrimination based on sexual orientation or gender identity. Several regulatory statutes provide a legal framework for a requirement for the public and private sectors to reserve 5 percent of employment opportunities for persons with disabilities; tax relief and incentives for such persons and their organizations; and reserves 30 percent of public procurement tenders for women, youth, and persons with disabilities.

The government did not effectively enforce the law. Gender-based discrimination in employment and occupation occurred, although the law mandates nondiscrimination based on gender in hiring. The average monthly income of women was approximately two-thirds that of men. Women had difficulty working in nontraditional fields, had slower promotions, and were more likely to be dismissed. According to a World Bank report, both men and women experienced sexual harassment in job recruitment, but women more commonly reported it. Women who tried to establish their own informal businesses were subjected to discrimination and harassment. One study of women street vendors in Nairobi found harassment was the main mode of interaction between street vendors and authorities. The study noted that demands for bribes by police amounting to three to 8 percent of a vendor’s income as well as sexual abuse were common.

In an audit of hiring practices released in 2016, the NCIC accused many county governors of appointing and employing disproportionate numbers of the dominant tribe in their county. According to the commission, 15 of the 47 counties failed to include a single person from a minority tribe either on the county’s public service board or as county executive committee members. For example, all 10 of West Pokot’s committee members were Pokots. These problems were aggravated by the devolution of fiscal and administrative responsibility to county governments. Some counties, for example Nairobi City County, were notable for apportioning roles inclusively. Observers also noted patterns of preferential hiring during police recruitment exercises (see section 1.d.).

In both private business and in the public sector, members of nearly all ethnic groups commonly discriminated in favor of other members of the same group.

Due to societal discrimination, there were limited employment opportunities for persons with albinism. The law provides protection for persons with disabilities against employment discrimination, although in practice many persons with disabilities faced challenges in finding and obtaining employment. There are no legal employment protections for LGBTI persons, who remained vulnerable to discrimination in the workplace. Discrimination against migrant workers also occurred.

e. Acceptable Conditions of Work

Regulation of wages is part of the Labor Institutions Act, and the government established basic minimum wages by occupation and location, setting minimum standards for monthly, daily, and hourly work in each category. The minimum wage for a general laborer was 12,926 shillings ($128) per month. The average minimum wage for skilled workers was 18,274 shillings ($181) per month. The government increased the lowest agricultural minimum wage for unskilled employees to 7,323 shillings ($73) per month, excluding housing allowance. Agricultural workers were underpaid compared with other sectors. Minimum wages exceeded the World Bank poverty rate of $1.90 per day.

The Ministry of Labor implemented various social protection programs under the Social Safety Net Program, such as a cash transfer for orphaned and vulnerable children, a cash transfer program for the elderly, and a cash transfer program for persons with disabilities. These programs reached 874,806 households.

The law limits the normal workweek to 52 hours (60 hours for night workers); some categories of workers had lower limits. It specifically excludes agricultural workers from such limitations. It entitles an employee in the nonagricultural sector to one rest day per week and 21 days of combined annual and sick leave. The law also requires that total hours worked (regular time plus overtime) in any two-week period not exceed 120 hours (144 hours for night workers) and provides premium pay for overtime.

The government did not effectively enforce the law. Authorities reported workweek and overtime violations. Workers in some enterprises, particularly in the EPZs and those in road construction, claimed employers forced them to work extra hours without overtime pay to meet production targets. Hotel industry workers were usually paid the minimum statutory wage, but employees worked long hours without compensation. Additionally, employers often did not provide nighttime transport, leaving workers vulnerable to assault, robbery, and sexual harassment.

The law details environmental, health, and safety standards. The Labor Ministry’s Directorate of Occupational Health and Safety Services has the authority to inspect factories and work sites, but employed an insufficient number of labor inspectors to conduct regular inspections. Fines generally were insufficient to deter violations.

The directorate’s health and safety inspectors can issue notices against employers for practices or activities that involve a risk of serious personal injury. Employers may appeal such notices to the Factories Appeals Court, a body of four members, one of whom must be a High Court judge. The law stipulates that factories employing 20 or more persons have an internal health and safety committee with representation from workers. According to the government, many of the largest factories had health and safety committees.

The law provides for labor inspections to prevent labor disputes, accidents, and conflicts and to protect workers from occupational hazards and disease by ensuring compliance with labor laws. Low salaries and the lack of vehicles, fuel, and other resources made it very difficult for labor inspectors to do their work effectively and left them vulnerable to bribes and other forms of corruption. Labor inspections include a provision for reporting on persons with disabilities. The Employment Act of 2007 prohibits discrimination against an employee on the basis of disability.

The law provides social protections for workers employed in the formal and informal sectors. Informal workers organized into associations, cooperatives, and, in some cases, unions. All Kenyan employers, including those in the informal sector, are required to contribute to the National Hospital Insurance Fund and the National Social Security Fund; these provide health insurance and pensions. According to the 2015-2017 Kenya Economic Survey, the informal sector employed 11.81 million persons in 2016, compared with 2.42 million in the formal sector.

Workers, including foreigners and immigrants, have the legal right to remove themselves from situations that endanger health or safety without jeopardy to their employment. The Ministry of Labor did not effectively enforce these regulations, and workers were reluctant to remove themselves from working conditions that endangered their health or safety due to the risk of losing their jobs. The Kenya Federation of Employers provided training and auditing of workplaces for health and safety practices.

Russia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were numerous reports the government or its agents committed arbitrary or unlawful killings.

Credible nongovernmental organizations (NGOs) and independent media outlets published reports indicating that in December local authorities in the Republic of Chechnya had renewed a campaign of violence against individuals perceived to be members of the LGBTI community. Local Chechen authorities reportedly illegally detained and tortured at least 40 individuals, including two who reportedly died in custody from torture.

On May 15, Justice Minister Aleksandr Konovalov stated during the country’s UN Universal Periodic Review that the government’s “preliminary investigation” into the 2017 campaign of extrajudicial killings and mass torture of gay men in Chechnya by state agents had been closed after authorities had been unable to find evidence of any human rights violations or evidence of the existence of gay men in Chechnya. In 2017 the independent newspaper Novaya Gazeta had reported that, during an “antigay purge” that took place from late 2016 through March 2017, local Chechen security services kidnapped, held prisoner, and tortured more than 100 male residents in Chechnya based on their presumed sexual orientation, resulting in at least three deaths. An independent fact-finding mission launched in November by 16 member states of the Organization for Security and Cooperation in Europe (OSCE), as well as multiple independent human rights organizations, including Human Rights Watch (HRW), the Russia LGBT Network, and Memorial, subsequently confirmed Novaya Gazeta’s allegations. According to the Russian LGBT Network, as of July 30, at least 125 LGBTI persons had fled Chechnya, the majority of whom had also left the country.

On August 22, a court in Stavropol denied for the fifth time an appeal brought by survivor Maksim Lapunov that sought to compel authorities to open an investigation into his allegations of torture and illegal detention by Chechen officials. Lapunov was the only survivor of the antigay purge in Chechnya willing to be publicly named and cooperate with investigative bodies.

There were multiple reports that, in some prison colonies, authorities systematically tortured inmates (see section 1.c.), which in some cases resulted in death. According to press reporting, on July 25, authorities charged prison guard Ivan Marshalko from prison IK-6 in the Bryansk region with murder and abuse of power after he allegedly intentionally asphyxiated an unnamed inmate on July 22. On September 24, Marshalko’s pretrial detention was extended for two months.

Physical abuse and hazing, which in some cases resulted in death, continued to be a problem in the armed forces, but authorities took steps in some cases to hold those responsible to account. For example, on January 5, according to media reports, soldier Rustam Avazov committed suicide at an airbase in Perm after alleged continual physical and psychological hazing by fellow soldier Ramazan Magomedov. Magomedov was subsequently charged with driving Avazov to commit suicide, and his trial began in August. On October 1, the Perm Regional Military Prosecutor announced at least four officials had been discharged from duty or stripped of their commands following Avazov’s death and that at least 11 others had been reprimanded. According to media reports, this was the third recent death of a conscript at the airbase.

In June media outlets citing confidential sources reported that authorities had reopened their investigation into the 2015 murder of opposition leader Boris Nemtsov and had been conducting new interviews with the five men convicted in 2017 for the killing. Authorities made no official announcement to confirm the report. Human rights activists and the Nemtsov family still believed that authorities were intentionally ignoring the question of who ordered and organized the killing and noted that these persons were still at large.

There were reports that the government or its proxies committed, or attempted to commit, extrajudicial killings of its opponents in other countries. For example, on March 4, according to British authorities, agents of Russian military intelligence spread the nerve agent Novichok on the front door of the home of former Russian military intelligence offer Sergei Skripal in Salisbury, England, in an apparent attempt to kill him. Skripal and his daughter Yulia Skripal were hospitalized in serious condition after coming in contact with the nerve agent, but both ultimately survived. On June 30, Salisbury residents Dawn Sturgess and Charlie Rowley were hospitalized after accidentally coming in contact with a bottle of Novichok that the assassins had discarded. Sturgess died from her exposure to the nerve agent on July 8.

The country played a significant military role in the armed conflict in eastern Ukraine, where human rights organizations attributed thousands of civilian deaths and other abuses to Russian-led forces. Russian occupation authorities in Crimea also committed widespread abuses (see Country Reports on Human Rights for Ukraine).

Since 2015 the country’s forces have conducted military operations, including airstrikes, in the conflict in Syria. According to human rights organizations, the country’s forces took actions, such as bombing urban areas, that purposefully targeted civilian infrastructure (see Country Reports on Human Rights for Syria).

The news website Caucasian Knot reported that at least 50 deaths in the North Caucasus resulted from clashes with security forces in the region during the first half of the year. Dagestan was the most affected region in the first half of the year with 25 deaths, followed by Chechnya, where 15 persons were killed, and Ingushetia, where eight persons were killed.

b. Disappearance

There were reports of disappearances by or on behalf of government authorities. Enforced disappearances for both political and financial reasons continued in the North Caucasus. According to the 2017 report of the UN Working Group on Enforced or Involuntary Disappearances, there were 808 outstanding cases of enforced or involuntary disappearances in the country. Security forces were allegedly complicit in the kidnapping and disappearance of individuals from Central Asia whose forcible return was apparently sought by their governments (see section 2.d.).

On October 6, men who identified themselves as officers with the Ingushetia Center for Combatting Extremism abducted, beat, and subjected Amnesty International researcher Oleg Kozlovskiy to mock executions. Kozlovskiy was in Ingushetia to monitor a series of peaceful protests against a new border agreement signed by the leaders of Ingushetia and Chechnya. According to Kozlovskiy, a man claiming to be a representative of the protest organizers lured him into a car. The man and several accomplices then beat him, drove him to a field, forced him to remove his clothes, beat him again (breaking his rib), photographed him naked, and twice subjected him to a mock execution. Afterward, they held a gun to his head, demanded information about his contacts, attempted to recruit him as an informant, and threatened to kill his wife and children if he reported the abduction. Amnesty International lodged a formal complaint with authorities.

On January 17, Chechen Republic head Kadyrov, suggested that Chechen singer Zelimkhan Bakayev, who had disappeared in August 2017 after allegedly being detained by Chechen police, may have been killed by family members due to his sexual orientation. This marked the first instance a government official suggested the singer may not be alive. Bakayev’s family denied the allegations, and his whereabouts remained unknown at year’s end.

There were continued reports of abductions related to apparent counterterrorism efforts in the North Caucasus. For example, according to Amnesty International, on September 1, several dozen armed men wearing Federal Security Service (FSB) and Ministry of Interior insignias came to the house where Azamat Bayduyev was staying in the Chechen village of Shalazhi and took him to an unknown location with no explanation. Chechen authorities denied detaining Bayduyev, a Chechen refugee who had been deported to the country from Poland on August 31 after he was suspected, but not charged, by Belgian authorities of involvement in planning a terrorist attack. His whereabouts were unknown.

There were reports Russian-led forces and Russian occupation authorities in Ukraine engaged in enforced disappearances (see Country Reports on Human Rights for Ukraine).

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution prohibits such practices, numerous credible reports indicated law enforcement personnel engaged in torture, abuse, and violence to coerce confessions from suspects, and authorities only occasionally held officials accountable for such actions.

There were reports of deaths as a result of torture (see section 1.a.).

Physical abuse of suspects by police officers was reportedly systemic and usually occurred within the first few days of arrest in pretrial detention facilities. Reports from human rights groups and former police officers indicated that police most often used electric shocks, suffocation, and stretching or applying pressure to joints and ligaments because those methods were considered less likely to leave visible marks. The problem was especially acute in the North Caucasus.

There were multiple reports of the FSB using torture against young anarchist and antifascist activists who were allegedly involved in several “terrorism” and “extremism” cases. Multiple defendants, whom authorities alleged were planning terrorist attacks under the auspices of previously unknown supposed organizations called “the Network” and “New Greatness,” alleged they were subjected to torture to coerce confessions, including severe beatings and electric shocks.

In one of many cases with a similar pattern of allegations, on January 23, FSB officers detained software engineer and antifascist activist Viktor Filinkov at St. Petersburg airport, placed him in a minivan, and subjected him to electric shocks for more than five hours while attempting to force him to memorize a confession to planning a terrorist act. On January 25, the Dzerzhinskiy District Court in St. Petersburg authorized Filinkov’s pretrial detention for two months on charges of alleged involvement in a terrorist organization the FSB called “the Network,” which was allegedly comprised of young activists in St. Petersburg and Penza. After visiting him in detention, Filinkov’s lawyer and two members of the St. Petersburg Public Oversight Commission noted burns on his right thigh and chest and handcuff marks on both hands that were consistent with his allegations of torture by electric shock. On a later visit the Public Oversight Commission members noted that the Prison Service did not allow Filinkov to take prescribed medications with him to the St. Petersburg pretrial detention center. As of mid-November, Filinkov remained in pretrial detention.

In the North Caucasus region, there were widespread reports that security forces abused and tortured both alleged militants and civilians in detention facilities. (see section 1.a. for reports of torture against members of the LGBTI community in the Republic of Chechnya). For example, on January 16, the media outlet Republic published an article describing the mass arrest and torture of at least 70 suspected drug addicts in the Shali District of the Republic of Chechnya. One victim described how in August 2017 Chechen police tortured both him and his brother with electric shocks for a week to coerce confessions of drug possession.

Police and persons who appeared to be operating with the tacit approval of authorities conducted attacks on political and human rights activists, critics of government policies, and persons linked to the opposition (see sections 2.b. and 3).

Observers noted an emerging pattern of poisoning of government critics. For example, on September 11, Pyotr Verzilov, the 30-year-old manager of Pussy Riot and editor of the human rights-focused media outlet Mediazona, fell ill after attending a court hearing in Moscow and later suffered seizures and began losing his sight, speech, and mobility. On September 15, he was transported for treatment to Germany, where doctors stated that it was “highly likely” he had been poisoned by an undetermined substance. Press reports indicated that, on the day he was hospitalized, Verzilov was planning to receive a report from “foreign specialists” investigating the July killings of a team of independent Russian journalists who were investigating the activities of the Wagner Battalion, a private militia linked to the Russian government, in the Central African Republic.

Reports by refugees, NGOs, and the press suggested a pattern of police and prison personnel carrying out beatings, arrests, and extortion of persons whom they believed to be Roma, Central Asian, African, or of a Caucasus nationality.

There were multiple reports of authorities detaining defendants for psychiatric evaluations for 30 days or longer to exert pressure on them, or sending defendants for psychiatric treatment as punishment. Beginning July 19, new amendments to the administrative procedure code gave prosecutors the ability to request suspects be placed in psychiatric clinics on an involuntary basis; the law previously only allowed certified medical professionals to make this request, although human rights activists noted that in practice, prosecutors already had this ability.

For example, on August 31, a court in Barnaul ruled to send Andrey Shisherin to a psychiatric clinic for a one-month evaluation. Shisherin was facing blasphemy charges for posting memes on his social network account that ridiculed the patriarch of the Russian Orthodox Church. The court ignored independent psychiatric assessments attesting to Shisherin’s good mental health and sided with the prosecutor, who argued that psychiatric incarceration was required because Shisherin had behaved suspiciously by renouncing a confession he alleged he had previously given under duress.

Nonlethal physical abuse and hazing continued in the armed forces, although violations related to hazing in the military were fewer than in previous years. Activists reported hazing was often tied to extortion schemes.

There were reports Russian-led forces in Ukraine’s Donbas region and Russian occupation authorities in Crimea engaged in torture (see Country Reports on Human Rights for Ukraine).

Prison and Detention Center Conditions

Conditions in prisons and detention centers varied but were often harsh and life threatening. Overcrowding, abuse by guards and inmates, limited access to health care, food shortages, and inadequate sanitation were common in prisons, penal colonies, and other detention facilities.

Physical Conditions: Prison overcrowding remained a serious problem. While the penal code establishes the separation of women and men, juveniles and adults, and pretrial detainees and convicts into separate quarters, anecdotal evidence indicated not all prison facilities followed these rules.

The NGO Penal Reform International reported conditions were generally better in women’s colonies than in those for men, but they remained substandard.

Physical abuse by prison guards was systemic. For example, on July 20, Novaya Gazeta published a YouTube video provided by the NGO Public Verdict that showed 17 prison guards from prison IK-1 in Yaroslavl Oblast appearing to torture prison inmate Yevgeniy Makarov in June 2017. At least 11 prison officials, including the deputy head of the prison and an investigator who had refused to act on prior complaints, were arrested for abusing Makarov and at least five other inmates. On July 24, Makarov’s lawyer, Irina Biryukova, fled the country after receiving death threats, but she later returned. By the time the video was published, Makarov had been transferred to IK-8 in Yaroslavl Oblast, where he reported prison guards severely beat him on several occasions. On September 19, the Investigative Committee announced it had opened a criminal investigation into Makarov’s beatings in IK-8. On October 1, Makarov was released from prison. The Makarov case sparked significant public outcry and led to the public reporting of many other similar cases of inmate torture from prisons across the country, including some instances resulting in the prosecution of prison personnel.

Prisoner-on-prisoner violence was also a problem. For example, according to media reports, on July 5, Ukrainian prisoner Pavlo Hryb was admitted to a medical facility with broken legs and severe bruises. His lawyer alleged Hryb had been beaten by his fellow prisoners while being transported to Rostov-on-Don.

There were also reports prison authorities recruited inmates to abuse other inmates. For example, on August 1 in Vladimir, two inmates and six officials were charged with torture after authorities discovered a torture chamber at a pretrial detention facility. A previous court decision had noted that the pretrial detention center “held inmates that used physical and psychological violence to force other detainees to self-incriminate.”

Overcrowding, nutrition, ventilation, heating, and sanitation standards varied among facilities but generally were poor. The NGO Russia Behind Bars reported minimal opportunities for movement and exercise. Potable water was sometimes rationed and food quality was poor; many inmates relied on food provided by family or NGOs. Access to quality medical care remained a problem.

A 2017 Amnesty International report described the country’s prison transport practices as part of a “Gulag-era legacy” and documented how authorities often transported prisoners for weeks in tiny train compartments with no ventilation, natural light, little water, and infrequent access to toilets and other sanitation.

NGOs reported many prisoners with HIV did not receive adequate treatment.

There were reports political prisoners were placed in particularly harsh conditions of confinement and subjected to punitive treatment within the prison system, such as solitary confinement or punitive stays in psychiatric units. For example, on September 21, Ukrainian prisoner Oleksander Kolchenko was put in solitary confinement for three days in a prison in Chelyabinsk. His attorneys believed the action was in retaliation for his request for a visit from the Ukrainian consul.

Administration: Convicted inmates and individuals in pretrial detention have visitation rights, but authorities can deny visitation depending on circumstances. By law prisoners with harsher sentences are allowed fewer visitation rights. The judge in a prisoner’s case can deny the prisoner visitation. Authorities can also prohibit relatives deemed a security risk from visiting prisoners.

While prisoners can file complaints with public oversight commissions or with the Human Rights Ombudsman’s Office, they often did not do so due to fear of reprisal. Prison reform activists reported that only prisoners who believed they had no other option risked the consequences of filing a complaint. Complaints that reached the oversight commissions often focused on minor personal requests.

NGOs reported that some prisoners who alleged torture were later charged with making false accusations, which often resulted in additional prison time. For example, on January 11, the Investigative Committee of Kirov Oblast opened a criminal case against an unidentified inmate for allegedly making false accusations of torture in a complaint alleging he had been beaten and subjected to electric shocks at prison IK-1. According to press reports, this was the second inmate in two years to be prosecuted for filing a torture complaint against the facility.

Independent Monitoring: Authorities permitted representatives of public oversight commissions to visit prisons regularly to monitor conditions. According to the Public Chamber, there were public oversight commissions in 81 regions with a total of 1,154 commission members. Human rights activists expressed concern that some members of the commissions were individuals close to authorities and included persons with law-enforcement backgrounds.

A law adopted on July 19 gave members of oversight commissions the right to videotape and photograph inmates in detention facilities and prisons with their written approval. Commission members may also collect air samples and conduct other environmental inspections, and they may also conduct safety evaluations and access prison psychiatric facilities.

Authorities allowed the Council of Europe’s Committee for the Prevention of Torture to visit the country’s prisons but continued to withhold permission for it to release any reports, with the exception of one released in 2013 on a visit conducted in 2012.

d. Arbitrary Arrest or Detention

While the law prohibits arbitrary arrest and detention, authorities engaged in these practices with impunity. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention, but successful challenges were rare.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Internal Affairs, the FSB, the Investigative Committee, the Office of the Prosecutor General, and the National Guard are responsible for law enforcement at all levels of government. The FSB is responsible for state security, counterintelligence, and counterterrorism as well as for fighting organized crime and corruption. The national police force, under the Ministry of Internal Affairs, is responsible for combatting all crime. The National Guard assists the FSB Border Guard Service in securing borders, administers gun control, combats terrorism and organized crime, protects public order, and guards important state facilities. The National Guard also participates in armed defense of the county’s territory in coordination with Ministry of Defense forces.

Civilian authorities maintained effective control over security forces. While mechanisms to investigate abuses existed, the government generally did not investigate and punish abuses by law enforcement officers, and impunity was widespread. National-level civilian authorities had, at best, limited control over security forces in the Republic of Chechnya, which were accountable only to the Republic head Kadyrov. Authorities investigated and prosecuted numerous cases of corruption by law enforcement officials, but in many instances, corruption investigations appeared to be a means of settling political scores or turf battles among law enforcement entities.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

By law authorities may arrest and hold a suspect for up to 48 hours without court approval, provided there is evidence of a crime or a witness; otherwise, an arrest warrant is required. The law requires judicial approval of arrest warrants, searches, seizures, and detentions. Officials generally honored this requirement, although bribery or political pressure sometimes subverted the process of obtaining judicial warrants. After arrest, police typically took detainees to the nearest police station, where they informed them of their rights. Police must prepare a protocol stating the grounds for the arrest, and both detainee and police officer must sign it within three hours of detention. Police must interrogate detainees within the first 24 hours of detention. Prior to interrogation, a detainee has the right to meet with an attorney for two hours. No later than 12 hours after detention, police must notify the prosecutor. They must also give the detainee an opportunity to notify his or her relatives by telephone unless a prosecutor issues a warrant to keep the detention secret. Police are required to release a detainee after 48 hours, subject to bail conditions, unless a court decides, at a hearing, to prolong custody in response to a motion filed by police not less than eight hours before the 48-hour detention period expires. The defendant and his or her attorney must be present at the court hearing.

By law police must complete their investigation and transfer a case to a prosecutor for arraignment within two months of a suspect’s arrest, although an investigative authority may extend a criminal investigation for up to 12 months. Extensions beyond 12 months need the approval of the head federal investigative authority in the Ministry of Internal Affairs, the FSB, or the Investigative Committee and the approval of the court. According to some defense lawyers, the two-month time limit often was exceeded, especially in cases with a high degree of public interest.

A number of problems existed related to detainees’ ability to obtain adequate defense counsel. Federal law provides defendants the right to choose their own lawyers, but investigators generally did not respect this provision, instead designating lawyers friendly to the prosecution. These “pocket” defense attorneys agreed to the interrogation of their clients in their presence while making no effort to defend their clients’ legal rights. In many cases, especially in more remote regions, defense counsel was not available for indigent defendants. Judges usually did not suppress confessions taken without a lawyer present. Judges at times freed suspects held in excess of detention limits, although they usually granted prosecutors’ motions to extend detention periods.

Except in the North Caucasus, authorities generally respected the legal limitations on detention. There were reports of occasional noncompliance with the 48-hour limit for holding a detainee. At times authorities failed to issue an official detention protocol within the required three hours after detention and held suspects longer than the legal detention limits.

Arbitrary Arrest: There were many reports of arbitrary arrest, often in connection with demonstrations (see section 2.b.). For example, on March 2, a St. Petersburg court sentenced Denis Mikhaylov, the St. Petersburg campaign manager for opposition leader Aleksey Navalny, to 25 days in jail for participating in protests in January. Earlier that day, Mikhaylov had been released from a 30-day jail term for organizing the same protests. On March 7, a St. Petersburg court upheld his second detention. These “immediate rearrest” scenarios occurred in several cases of Navalny supporters during the year as well as with Navalny himself.

There were reports that Russian-led forces and Russian occupation authorities in Ukraine engaged in arbitrary detention (see Country Reports on Human Rights for Ukraine).

Pretrial Detention: Observers noted lengthy pretrial detention was a problem, but data on its extent was not available.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: By law a detainee may challenge the lawfulness of detention before a court. Given problems with judicial independence (see section 1.e.), however, judges typically agreed with the investigator and dismissed defendants’ complaints.

Civilian authorities maintained effective control over security forces. While mechanisms to investigate abuses existed, the government generally did not investigate and punish abuses by law enforcement officers, and impunity was widespread. National-level civilian authorities had, at best, limited control over security forces in the Republic of Chechnya, which were accountable only to the Republic head Kadyrov. Authorities investigated and prosecuted numerous cases of corruption by law enforcement officials, but in many instances, corruption investigations appeared to be a means of settling political scores or turf battles among law enforcement entities.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, but judges remained subject to influence from the executive branch, the armed forces, and other security forces, particularly in high-profile or politically sensitive cases, as well as to corruption. The outcomes of some trials appeared predetermined.

There were reports of pressure on defense attorneys representing clients who were being subjected to politically motivated prosecution and other forms of reprisal. For example, on September 9, police in Krasnodar beat and then charged defense lawyer Mikhail Benyash with disobeying police by “injuring himself.” Police warned Benyash previously he would be arrested if he appeared in downtown Krasnodar on that day to provide legal assistance to individuals who had been illegally detained during protests. Police claimed that injuries visible on Benyash’s head resulted from Benyash’s striking his own head against the glass of a police car contrary to their orders.

On April 24, the Moscow Bar Association disbarred human rights lawyer Mark Feygin, who had represented some of the most high-profile defendants in politically motivated trials in recent years. Observers saw the move as retaliation for his work on behalf of these clients.

TRIAL PROCEDURES

The law provides for the right to a fair and public trial, but executive interference with the judiciary and judicial corruption undermined this right.

The defendant has a legal presumption of innocence and the right to a fair, timely, and public trial, but these rights were not always respected. Defendants have the right to be informed promptly of charges and to be present at the trial. The law provides for the appointment of an attorney free of charge if a defendant cannot afford one, although the high cost of legal service meant that lower-income defendants often lacked competent representation. There were few qualified defense attorneys in remote areas of the country. Defense attorneys may visit their clients in detention, although defense lawyers claimed authorities electronically monitored their conversations and did not always provide them access to their clients. Prior to trial defendants receive a copy of their indictment, which describes the charges against them in detail. They also have the opportunity to review their criminal file following the completion of the criminal investigation. Non-Russian defendants have the right to free interpretation as necessary from the moment charged through all appeals, although the quality of interpretation is not always good. During trial the defense is not required to present evidence and is given an opportunity to cross-examine witnesses and call defense witnesses, although judges may deny the defense this opportunity. Defendants have the right not to be compelled to testify or confess guilt. Defendants have the right of appeal. Appellate courts reversed approximately 1 percent of sentences where the defendant had been found guilty.

The law allows prosecutors to appeal acquittals, which they did in most cases. Prosecutors may also appeal what they regard as lenient sentences. On April 5, a court in Petrozavodsk acquitted renowned historian of the gulag and human rights activist Yuri Dmitriyev of child pornography charges, a case that many observers believed to be politically motivated and in retaliation for his efforts to expose Stalin-era crimes. On June 14, the Supreme Court of the Republic of Karelia granted the prosecutor’s appeal of the acquittal and sent the case for retrial. On June 27, Dmitriyev was again arrested and as of November remained in pretrial detention.

Authorities particularly infringed on the right to a fair trial in the Republic of Chechnya, where observers noted that the judicial system served as a means of conducting reprisals against those who exposed wrongdoing by Republic head Kadyrov. For example, on January 9, police in Grozny arrested human rights activist and Memorial Chechnya office head Oyub Titiyev, known for his work exposing violations of human rights in Chechnya, most recently on the 2017 reports of a summary execution of at least 27 men. Police pulled him over, searched his car, and supposedly found 180 grams of marijuana, which observers believed was planted by police to provide a pretext for his imprisonment. Police held Titiyev incommunicado for almost seven hours and threatened to harm his family if he did not plead guilty. On January 10, prosecutors charged Titiyev with drug possession. His trial began on July 19, and he remained in pretrial detention. Some sessions of his trial were closed to the public on vague “national security” grounds, which observers considered baseless.

POLITICAL PRISONERS AND DETAINEES

There were credible reports of political prisoners in the country and that authorities detained and prosecuted individuals for political reasons. Charges usually used in politically motivated cases included “terrorism,” “extremism,” “separatism,” and “espionage.” Political prisoners were reportedly placed in particularly harsh conditions of confinement and subjected to other punitive treatment within the prison system, such as solitary confinement or punitive stays in psychiatric units.

As of November the NGO Memorial Human Rights Center’s list of political prisoners included 204 names, including 153 individuals who were allegedly wrongfully imprisoned for exercising religious freedom. The list included journalists jailed for their writing, such as Igor Rudnikov and Zhelaudi Geriyev; human rights activists jailed for their work, such as Oyub Titiyev and Yuri Dmitriyev; many Ukrainians imprisoned for their vocal opposition to the country’s occupation of Crimea, such as Oleh Sentsov and Oleksander Kolchenko, and dozens of Jehovah’s Witnesses and other religious believers. Memorial noted the average sentences for the cases on their list continued to grow, from 5.3 years for political prisoners and 6.6 years for religious prisoners in 2016 to 6.8 and 9.1 years, respectively, this year. In some cases sentences were significantly longer, such as in the case of Aleksey Pichugin, who has been imprisoned since 2003 with a life sentence.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Although the law provides mechanisms for individuals to file lawsuits against authorities for human rights violations, these mechanisms often did not work well. For example, the law provides that a defendant who has been acquitted after a trial has the right to compensation from the government. While this legal mechanism exists in principle, in practice it was very cumbersome to use. Persons who believed their human rights had been violated typically sought redress in the European Court of Human Rights (ECHR) after domestic courts had ruled against them. The law enables the Constitutional Court to review rulings from international human rights bodies and declare them “nonexecutable” if the court finds that the ruling contradicts the constitution, and the court has declared ECHR rulings to be nonexecutable under this law.

PROPERTY RESTITUTION

The country has endorsed the Terezin Declaration on Holocaust Restitution but declined to endorse the 2010 Guidelines and Best Practices. The government has laws in place providing for the restitution of cultural property, but according to the law’s provisions, claims can only be made by states and not individuals.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law forbids officials from entering a private residence except in cases prescribed by federal law or when authorized by a judicial decision. The law also prohibits the collection, storage, utilization, and dissemination of information about a person’s private life without his or her consent. While the law previously prohibited government monitoring of correspondence, telephone conversations, and other means of communication without a warrant, these legal protections were significantly weakened by laws passed since 2016 granting authorities sweeping new powers and requiring telecommunications providers to store all electronic and telecommunication data (see section 2.a., Internet Freedom). NGOs, human rights activists, and journalists alleged that authorities routinely employed surveillance and other active measures to spy on and intimidate citizens.

Law enforcement agencies required telecommunications providers to grant the Ministry of Internal Affairs and the FSB continuous remote access to client databases, including telephone and electronic communications, enabling them to track private communications and monitor internet activity without the provider’s knowledge. The law permits authorities to monitor telephone calls in real time, with a warrant, but this safeguard is largely pro forma in practice. The Ministry of Information and Communication requires telecommunications service providers to allow the FSB to tap telephones and monitor information over the internet. The Ministry of Information and Communication maintained that authorities would not access information without a court order, although the FSB is not required to show it upon request.

In its 2017 report Russia under Surveillance, the human rights NGO Agora described the development in recent years of a system of “total oversight targeted at civic activists, independent journalists, and representatives of the political opposition” in the name of national security. According to Agora, since 2007 authorities have greatly increased surveillance of telephone calls and online messages, increased the use of hidden audio and video recording devices, and expanded the use of biometric data gathering.

In March, Agora published a report on politically motivated searches of private homes which analyzed the searches of the residences of 600 political activists that security services had conducted over the previous three years. The report concluded that authorities often used the searches to intimidate and threaten political activists. In 98 cases police used the threat of violence, actual violence, and the display of firearms during the searches; in 47 cases authorities searched the premises of the activists’ relatives and friends; and in 70 cases they broke down the doors or entered the residence through a window.

The law requires relatives of terrorists to pay the cost of damages caused by an attack, which human rights advocates criticized as collective punishment. Chechen Republic authorities reportedly routinely imposed collective punishment on the relatives of alleged terrorists, including by expelling them from the republic.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

While the constitution provides for freedom of expression, including for the press, the government increasingly restricted this right. During the year the government instituted several new laws restricting both freedom of expression and of the press, particularly in regards to online expression. Regional and local authorities used procedural violations and restrictive or vague legislation to detain, harass, or prosecute persons who criticized the government or institutions it favored, such as the Russian Orthodox Church. The government exercised editorial control over media, creating a media landscape in which most citizens were exposed to predominantly government-approved narratives. Significant government pressure on independent media constrained coverage of numerous issues, especially of Ukraine and Syria, LGBTI issues, the environment, elections, criticism of local or federal leadership, as well as issues of secessionism, or federalism. Censorship and self-censorship in television and print media and on the internet was increasingly widespread, particularly regarding points of view critical of the government or its policies. The government used direct ownership or ownership by large private companies with government links to control or influence major national media and regional media outlets, especially television.

Freedom of Expression: Government-controlled media frequently used derogatory terms such as “traitor,” “foreign agent,” and “fifth column” to describe individuals expressing views critical of or different from government policy, leading to a climate intolerant of dissent.

Authorities continued to misuse the country’s expansive definition of extremism as a tool to stifle dissent. As of September 11, the Ministry of Justice expanded its list of extremist materials to include 4,507 books, videos, websites, social media pages, musical compositions, and other items, an increase of more than 200 items from 2017. According to the prosecutor general, authorities prosecuted 1,500 extremism cases in 2017, some of which included charges of “extremism” levied against individuals for exercising free speech on social media and elsewhere.

Several persons were charged with extremism under the criminal code for comments and images posted in online forums or social networks. For example, on February 11, a court in Stariy Oskol sentenced 23-year-old doctoral student Aleksandr Kruze to 2.5 years in prison for extremism for reposting four nationalist images on social media in 2016. Kruze had been writing a dissertation on radicalization and maintained that the posts had been a part of a research experiment in online discourse around radicalism.

In September the Supreme Court amended its 2011 decree regarding publication of extremist material online to require authorities to have proof of criminal intent in order for them to prosecute. Authorities must now prove in court that publications or reposts were made with the intent “to incite hate or ill will.”

By law authorities may close any organization that a court determines to be extremist, including media outlets and websites. Roskomnadzor, the country’s media oversight agency, routinely issued warnings to newspapers and internet outlets it suspected of publishing extremist materials. Three warnings in one year sufficed to initiate a closure lawsuit.

During the year authorities invoked a 2013 law prohibiting the “propaganda” of “nontraditional sexual relations” to minors to punish the exercise of free speech by LGBTI persons and their supporters. For example, on August 7, a court in Biysk fined 16-year-old Maxim Neverov 50,000 rubles ($750) for posting images of shirtless men on a social network. The Russia LGBT Network attributed the case against Neverov to his organizing of a May public protest called “Gay or Putin.” On October 26, an appeals court overturned the lower court decision.

During the year authorities prosecuted individuals for speech allegedly violating a law that prohibits “offending the feelings of religious believers.” On May 8, authorities raided the home and seized the computers of Barnaul resident Maria Motuznaya. Motuznaya was interrogated and shown pictures of her social media posts from 2015 in which she shared memes that satirized the Russian Orthodox Church. On June 23, she was charged with “offending the feelings of religious believers” and “extremism.” On October 9, a judge returned the case to prosecutors for further development.

During the year authorities prosecuted individuals for speech that allegedly violated a law prohibiting the “rehabilitation of Nazism.” On August 6, police in the Tyva Republic detained journalist Oyuuma Dongak because of photographs of Nazi Germany which contained a swastika posted on her Facebook page in 2014. Dongak said that the photos accompanied an article she had shared about the rebirth of fascism. A court fined her 1,000 rubles ($15) on August 8. Observers described the case as retribution for Dongak’s support of opposition politicians.

During the year authorities prosecuted individuals for speech that allegedly “insulted government officials.” For example, on August 3, a court in Magadan fined two men for “insulting” local mayor Yuri Grishan when they demanded his resignation in messages on the platform WhatsApp, using language authorities deemed “unacceptable.”

During the year authorities used a law banning the “propaganda of narcotics” to prosecute the independent press for their coverage of independent political candidates. On June 20, a court in Syktyvkar fined the independent online news outlet 7×7 800,000 rubles ($12,000), and fined its editor 40,000 rubles ($600) for publishing an interview in March with a libertarian politician who noted that synthetic drugs killed people at a higher rate than heroin. Authorities considered this statement an endorsement of heroin.

The law bans the display of Nazi symbols and the symbols of groups placed on the government’s list of “extremist” organizations. There was no official register or list of banned symbols. On February 26, a St. Petersburg court sentenced opposition activist Artem Goncharenko to 25 days in prison for “organizing an unsanctioned meeting” because he displayed a large inflatable rubber duck in the window of his apartment. Yellow rubber ducks have been used to signal support for the anticorruption protests organized by opposition leader Navalny.

Press and Media Freedom: The government continued to restrict press freedom. As of 2015, the latest year for which data was available, the government and state-owned or state-controlled companies directly owned more than 60 percent of the country’s 45,000 registered local newspapers and periodicals. Government-friendly oligarchs owned most other outlets. The federal government or progovernment individuals completely or partially owned all of the so-called federal television channels, the only stations with nationwide reach. The 29 most-watched stations together commanded 86 percent of television viewership; all were owned at least in part by the federal or local governments or by progovernment individuals. Government-owned media outlets often received preferential benefits, such as rent-free occupancy of government-owned buildings. At many government-owned or controlled outlets, the state increasingly dictated editorial policy. While the law restricts foreign ownership of media outlets to no more than 20 percent, another provision of the ambiguously worded law seemingly bans foreign ownership entirely. The government used these provisions to consolidate ownership of independent outlets under progovernment oligarchs and to exert pressure on outlets that retained foreign backers. In its annual report on freedom of the press, Freedom House rated the country “not free.”

A 2017 law requires the Ministry of Justice to maintain a list of media outlets that are designated “foreign agents.” As of September 20, there were nine outlets listed. The decision to designate media outlets as foreign agents could be made outside of court by other government bodies, including law enforcement agencies.

In some cases courts imposed extremely high fines on independent media outlets, which observers believed were intentionally disproportionate and designed to bankrupt the outlets and force their closure. For example, on October 26, a Moscow court fined independent news outlet The New Times 22.3 million rubles ($338,000) for errors in information it had provided to the government, as required by the “foreign agents” law. Press reports indicated this was the highest fine imposed on a media outlet in the country’s history. Prosecutors alleged that the newspaper had not properly accounted for money it received from a foundation affiliated with the paper, the Press Freedom Support Foundation, which is designated by the government as a “foreign agent.” Observers believed the case against The New Times to be in retaliation for the newspaper publishing an interview with opposition leader Navalny.

Violence and Harassment: Journalists continued to be subjected to arrest, imprisonment, physical attack, harassment, and intimidation as a result of their reporting. According to the Glasnost Defense Fund, as of September incidents of violence and harassment against journalists included two killings, 42 attacks, 82 detentions by law-enforcement officers, 14 prosecutions, 42 threats, 21 politically motivated firings, and one attack on media offices. Journalists and bloggers who uncovered forms of government malfeasance or who criticized the government often faced harassment, either in the form of direct threats to their physical safety or threats to their security or livelihood, frequently through legal prosecution.

On April 14, Maksim Borodin, a Yekaterinburg journalist with the independent newspaper Novyy Den, died in a fall from his fifth-floor apartment balcony in an incident seen by observers as suspicious. Borodin had been reporting on the foreign activities of the Wagner battalion, a private oligarch-sponsored militia aligned with the government.

On April 12, two unknown assailants in Yekaterinburg attacked Dmitriy Polyanin, editor in chief of the regional progovernment newspaper Oblastnaya Gazeta, which had recently published articles about local disputes related to the housing market. Polyanin was hospitalized with a concussion and a broken rib.

On January 31, the FSB raided the apartment of journalist Pavel Nikulin and brought him to their headquarters for several hours of interrogation in response to a 2017 article he wrote about a man who had gone to Syria to fight for ISIS. A regional court named Nikulin as a witness in a criminal investigation into “illegal terrorist training” in connection with the article and had approved a search warrant for his apartment. In July, Nikulin and a colleague were detained by police in Krasnodar on suspicion of extremist activity and attacked by unknown assailants with pepper spray. On September 16, Nikulin and two colleagues were again arrested in Nizhniy Novgorod on suspicion of distributing “extremist materials.”

There was no progress during the year in establishing accountability in a number of high-profile killings of journalists, including the 2004 killing of Paul Klebnikov, the 2006 killing of Anna Politkovskaya, and the 2009 killing of Natalia Estemirova.

Censorship or Content Restrictions: The government directly and indirectly censored the media, much of which occurred online (see Press Freedom, Internet Freedom, and Academic Freedom and Cultural Events sections). Self-censorship in independent media was also reportedly widespread.

There were multiple reports that the government retaliated against those who published content it disliked. For example, on January 23, the website Russiagate.com was blocked with no formal notification hours after it published evidence of corruption by the head of the FSB, Aleksandr Bortnikov. The website’s editor reported that investors in the website immediately informed her that they were ending their financing of the project.

On April 4, the independent Kaliningrad newspaper Novyye Kolesa announced it would cease publication following a campaign of harassment and censorship by authorities. Following an FSB raid in November 2017, authorities arrested the newspaper’s editor, Igor Rudnikov, and charged him with extortion. Human rights organizations believed there to be no legitimate basis for the charges, which could bring 15 years in prison. On March 29, unidentified individuals went to newsstands, seized all copies of the newspaper on sale, and threatened vendors. The lead story in that edition of the newspaper alleged that the FSB had tortured to death a local resident in detention. Distribution network representatives gave orders to hide all remaining copies, and later informed Novyye Kolesa leadership it would no longer be profitable for them to continue to sell the newspaper.

Libel/Slander Laws: Officials at all levels used their authority to restrict the work of journalists and bloggers who criticized them and to retaliate against them, including taking legal action for alleged slander or libel. For example, on July 23, a Moscow court ruled in favor of Nizhigorodskiy Prison Colony Number 2, which had filed a lawsuit against the newspaper Sobesednik and Pussy Riot-member Maria Alekhina for damaging its reputation in a 2017 article describing forced labor conditions at the prison. The court obliged the newspaper to print a retraction and pay a 3,000-ruble ($45) fine.

On April 23, President Putin signed a law allowing the state to block online information that “offends the honor and dignity” of an individual, if the author of the information has defied a court order to delete it.

On October 3, President Putin signed a law that strengthened penalties for the dissemination of “false” information related to defamation or information that violates privacy restrictions. International and domestic experts believed the introduction of criminal responsibility for noncompliance with court decisions ordering the takedown or retraction of content in civil defamation cases would expand the tools available to officials and public figures to interfere with public access to information detrimental to their interests.

National Security: Authorities cited laws protecting national security to restrict criticism of government policies or officials, or to retaliate against critics.

On May 18, authorities raided the home of independent Omsk journalist Viktor Korb, conducted a 10-hour search, and charged him with incitement to terrorism, justification of terrorism, and terrorist propaganda, which carry a sentence of up to seven years in prison. The charges stemmed from Korb’s 2015 publication on a news and discussion website of a portion of remarks given by political activist Boris Stomakhin, during Stomakhin’s trial on terrorism charges. Korb did not endorse Stomakhin’s remarks.

Authorities also charged independent journalists with espionage. On June 4, a Moscow court convicted Ukrainian journalist Roman Sushchenko of espionage and sentenced him to 12 years in prison. Sushchenko, a Paris-based correspondent for the Ukrinform news agency, was detained in Moscow in 2016 on suspicion of collecting classified information, an allegation human rights groups claimed was politically motivated.

INTERNET FREEDOM

The government took significant new steps to restrict free expression online. According to data compiled by the International Telecommunication Union, approximately 76 percent of the country’s population used the internet in 2017.

The government monitored all internet communications and prohibited online anonymity (see also section 1.f.). The government continued to employ its longstanding use of the System for Operative Investigative Activities, which requires internet service providers (ISPs) to install, at their own expense, a device that routes all customer traffic to an FSB terminal. The system enabled police to track private email communications, identify internet users, and monitor their internet activity.

The law requires domestic and foreign businesses to store citizens’ personal data on servers located in the country. In 2016 Roskomnadzor blocked the foreign-based professional networking website LinkedIn for failure to comply with the law. Telecommunications companies are required to store user data and make it available to law enforcement bodies. As of July 1, companies are required to store users’ voice records for six months. As of October 1, companies are required to store electronic correspondence (audio, images and video) for three months.

Observers believed that the country’s security services were able to intercept and decode encrypted messages on at least some messaging platforms. The law requires telecommunications providers to provide authorities with “backdoors” around encryption technologies. Providers face fines of one million rubles ($15,000) for noncompliance.

On April 13, a Moscow court ruled in favor of Roskomnadzor’s 2017 request to block the Telegram messaging service for failing to share with the FSB encryption keys to users’ correspondence. Telegram maintained that the FSB’s request was both unconstitutional and technically impossible, as the messenger uses end-to-end encryption (when the encryption keys are stored only by users). The Supreme Court upheld the FSB’s arguments on August 8. For several months beginning in mid-April, Roskomnadzor actively attempted to block Telegram. Since the messenger was using dynamic internet protocol (IP) addresses, however, blocking it proved impossible. Roskomnadzor was forced to block more than 20 million other IP addresses, which resulted in a major loss in accessibility to a wide range of unrelated online services. Despite Roskomnadzor’s efforts, Telegram remained mostly accessible to users. In August press reports indicated that Roskomnadzor and the FSB were testing systems designed to allow more precise blocking of individual sites to enable blocking Telegram.

The law requires commercial virtual private network (VPN) services and internet anonymizers to block access to websites and internet content prohibited in the country. The law also authorizes law enforcement agencies, including the Ministry of Internal Affairs and the FSB, to identify VPN services that do not comply with the ban by Roskomnadzor. Under the law Roskomnadzor can also block sites that provide instructions on how to circumvent government blocking. When the law came into force in 2017, Roskomnadzor announced that the majority of commercial VPNs and anonymizers used in the country had registered and intended to comply with the law, although most foreign-based VPNs had not. In May, Roskomnadzor reported it had blocked 50 VPN services.

The law prohibits companies registered as “organizers of information dissemination,” including online messaging applications, from allowing anonymous users. Messaging applications and platforms that fail to comply with the requirements to restrict anonymous accounts can be blocked. The law came into force in January. On August 27, Roskomnadzor expanded the list of designated “organizers of information dissemination” to include several new sites, such as the blogging platform Livejournal, the online dating site LovePlanet, and the car sharing app BlaBlaCar. Beginning in July these “organizers of information dissemination” were required to store and provide to the FSB in-depth user information, including user name; full real name; date of birth; exact address; internal passport number; lists of relatives, friends, contacts, all foreign languages spoken; date and time of account’s creation; date and time of all communications; full text of all communications; full archives of all audio and video communications; all shared files; records of all e‑payments; location for use of each service; IP address; telephone number; email address; and software used.

On November 6, Prime Minister Medvedev signed a decree requiring anonymous messenger applications to obtain verification of a user’s phone number from mobile phone network providers within 20 minutes of initial use of the application. If the phone network provider cannot verify the phone number, then messenger services are required to block the user. The government also required network operators to keep track of messenger apps for which users have registered.

The government blocked access to content and otherwise censored the internet. Roskomnadzor maintained a federal blacklist of internet sites and required ISPs to block access to web pages that the agency deemed offensive or illegal, including information that was already prohibited, such as items on the Federal List of Extremist Materials. The law gives the prosecutor general and Roskomnadzor authority to demand that ISPs block websites that promote extremist information, and “mass public events that are conducted in violation of appropriate procedures.” According to the internet freedom NGO Roskomsvoboda, as of October, a total of 3.8 million websites were unjustly blocked in the country.

On November 26, Roskomnadzor filed a civil law suit against Google seeking to fine the company 700,000 rubles ($10,500) for declining to connect its search engine to an automated system that prevents blocked web sites from appearing in search results. On December 11, a court fined Google 500,000 rubles ($7,530).

During the year authorities blocked websites and social network pages that either criticized government policy or purportedly violated laws on internet content. For example, on April 28, Roskomnadzor blocked the LGBTI health awareness site Parni Plus. The site’s administrators said they received a notice from Roskomnadzor on April 28 informing them about a January 26 ruling by a district court in the Altai Territory to block Parni Plus for distributing information that “challenges family values” and “propagates nontraditional sexual relations.” The notice did not specify what content broke the law, and the notice came so late that the website missed its opportunity to appeal the verdict.

In some cases authorities coerced sites into taking down content by threatening to block entire platforms. For example, on February 13, Roskomnadzor threatened to block YouTube, Instagram, and several dozen media outlets if, based on a court decision, they did not delete an anticorruption investigation video made by opposition activist Navalny that described a meeting between government-linked oligarch Oleg Deripaska and Deputy Prime Minister Sergey Prikhodko on a luxury yacht. All but YouTube complied. On February 20, Roskomnadzor stated it would not seek to block YouTube for its noncompliance.

In 2017 amendments to the Federal Law on Information, Information Technologies, and Protection of Information and to the administrative code came into force requiring owners of internet search engines (“news aggregators”) with more than one million daily users to be accountable for the truthfulness of “publicly important” information before its dissemination. Authorities can demand that content deemed in violation be removed and impose heavy fines for refusal. Dunja Mijatovic, the special representative on freedom of the media of the OSCE, raised concerns the law “could result in governmental interference of online information and introduce self-censorship in private companies.”

A law on the “right to be forgotten” allows individuals in the country to request that search engine companies block search results that contain information about them. According to Freedom House’s 2018 Freedom on the Net report, there were several instances of courts ordering that content be removed from search results on these grounds in 2017.

There was a growing trend of social media users being prosecuted for the political, religious, or other ideological content of posts, shares, and “likes,” which resulted in fines or prison sentences (see Freedom of Expression).

There were reports of disruption of communications during demonstrations. For example, media reported that, during opposition protests in Moscow on May 7, authorities switched off phone and mobile internet coverage in the protest area.

ACADEMIC FREEDOM AND CULTURAL EVENTS

The government took new steps during the year to restrict academic and cultural freedom.

On June 21, the Federal Education and Science Supervision Agency revoked the accreditation of the Moscow School of Social and Economic Sciences (Shaninka), claiming the school violated multiple education standards. Shaninka, a Russian-British higher education institution founded in 1995, continued to operate but will not be not be able to issue state-approved diplomas or provide deferment from military service. Media outlet Meduza speculated the loss of accreditation was due to the school’s extensive international connections, and constituted a move to disable the country’s only remaining private institution of higher education.

On November 7, the trial began of well known theater director Kirill Serebrennikov for embezzlement of state funds to stage a Shakespeare play that the government alleged he never produced. According to media outlets, however, the play had been staged more than 15 times and observers believed the charges were politically motivated, citing Serebrennikov’s participation in antigovernment protests and criticism of government policies. Serebrennikov has been in custody since August 2017.

Authorities often censored or shut down cultural events or displays they considered offensive or that expressed views in opposition to the government and in some cases initiated criminal proceedings against organizers. Citing a bomb threat, police disrupted a June 13 theater production about imprisoned Chechen human rights activist Oyub Titiyev in Moscow and evacuated the theater.

In November media outlets reported a notable increase in the number of incidents in which authorities forced the cancellation of concerts of musicians who had been critical of the government. Monitoring by Meduza identified 13 such cases across the country during the month of November, compared with 10 during the rest of the year. Of the 13 cases, nine involved the rapper Husky or the electronic music group IC3PEAK, both of whom perform songs containing lyrics critical of the government. In most cases the concerts were canceled after the FSB or other security forces visited and threatened the managers or owners of music venues.

Persons expressing views of historical events that run counter to officially accepted narratives faced harassment. For example, on January 23, the Ministry of Culture recalled the rights to air the comedy film The Death of Stalin after a number of cultural figures sent a complaint to the department. The authors of the collective letter claimed Death of Stalin was a “spit in the face” of veterans that “blackened the memory of our citizens who defeated fascism.” Police disrupted a January 25 screening of the film at the Pioneer cinema in Moscow. On February 22, a Moscow court fined the theater 100,000 rubles ($1,500) for the screening.

b. Freedom of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of assembly, but local authorities restricted this right. The law requires organizers of public meetings, demonstrations, or marches by more than one person to notify the government, although authorities maintained that protest organizers must receive government permission, not just provide notification. Failure to obtain official permission to hold a protest resulted in the demonstration being viewed as unlawful by law enforcement officials, who routinely dispersed such protests. While numerous public demonstrations took place, on many occasions local officials selectively denied groups permission to assemble or offered alternate venues that were inconveniently or remotely located.

Although they do not require official approval, authorities restricted single-person pickets, and required that there be at least 164 feet separating protesters from each other. In 2017 the Constitutional Court decreed that police officers may stop a single-person picket to protect the health and safety of the picketer.

The law requires that “motor rallies” and “tent city” gatherings in public places receive official permission. It requires gatherings that would interfere with pedestrian or vehicle traffic to receive official agreement 10 days prior to the event; those that do not affect traffic require three days’ notice. The law prohibits “mass rioting,” which includes teaching and learning about the organization of and participation in “mass riots.” The law allows authorities to prohibit nighttime demonstrations and meetings and levy fines for violating protest regulations and rules on holding public events.

The law provides heavy penalties for engaging in unsanctioned protests and other violations of public assembly laws–up to 300,000 rubles ($4,500) for individuals, 600,000 rubles ($9,000) for organizers, and one million rubles ($17,140) for groups or companies. Protesters with multiple violations within six months may be fined up to one million rubles ($15,000) or imprisoned for up to five years.

On May 10, President Putin signed a decree limiting freedom of assembly in cities hosting the 2018 International Federation of Football Associations (FIFA) World Cup in conjunction with enhanced security, although protests in cities that did not host the tournament were allowed to take place.

Arrests for organizing or taking part in unsanctioned protests were common. For instance, on August 25, police arrested opposition leader Navalny for allegedly organizing an unsanctioned “voters’ strike” rally on January 28. His arrest came shortly before planned rallies in opposition to pension reform scheduled nationwide on September 9. Immediately following his release on September 24, police from a different precinct rearrested Navalny for 20 more days for allegedly organizing the unsanctioned September 9 demonstration, which purportedly caused “bodily harm to a government official.”

There was a reported increase in authorities charging individuals with “inciting mass riots” based upon their social media activities. For example, following the May 5 antigovernment protests, 28 organizers and activists with opposition leader Navalny’s Anticorruption Foundation were detained and charged with inciting mass riots based on their tweets or retweets. While some were fined and released, others were sentenced to 30-day prison terms.

Activists were at times subject to threats and physical violence in connection with organizing or taking part in public events or protests. On May 5, police stood by as unknown persons in Cossack uniforms beat participants in peaceful opposition rallies in Moscow and other cities. More than 1,300 persons were arrested during these protests, 572 in Moscow alone.

Police often broke up demonstrations that were not officially sanctioned, at times using disproportionate force. For example, on September 9, police throughout the country detained 1,195 persons who were demonstrating against pension reform. Media reports of the Moscow protest described unprovoked and disproportionate police beatings of protesters with rubber batons.

Authorities regularly arrested single-person picketers. For example, on June 14 authorities arrested UK-based activist Peter Tatchell in Moscow for staging a single-person picket against restrictions on LGBTI persons in the country, citing a breach of antiprotest rules put in place for the World Cup. Tatchell was released the same day and departed the country before appearing in court.

Authorities continued to deprive LGBTI persons and their supporters of free assembly rights. Despite a Supreme Court ruling that LGBTI persons should be allowed to engage in public activities, the law prohibiting “propaganda” of homosexuality to minors (see section 6, Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity) provides grounds to deny LGBTI activists and supporters the right of assembly and was often used to interrupt public demonstrations by LGBTI activists. On November 27, the ECHR ruled that the country’s blanket refusal to grant permission to hold public assemblies related to LGBTI issues could not be justified by public safety concerns and constituted a violation of the right to freedom of assembly.

On April 8, police detained approximately 30 gay rights activists who took part in an unsanctioned rally in St. Petersburg. City authorities had turned down their request to hold a parade, so each participant demonstrated alone, in a bid to avoid the protest being called a gathering, which did not prevent their arrest.

Moscow authorities refused to allow an LGBTI pride parade for the 13th consecutive year, notwithstanding a 2010 ECHR ruling that the denial violated the rights to freedom of assembly and freedom from discrimination.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association. During the year, however, the government instituted new measures and expanded existing restrictive laws to stigmatize, harass, fine, close, and otherwise raise barriers to membership in organizations that were critical of the government.

Public organizations must register their bylaws and the names of their leaders with the Ministry of Justice. The finances of registered organizations are subject to investigation by tax authorities, and foreign grants must be registered.

The government continued to use a law, which requires NGOs that receive foreign funding and engage in “political activity” to register as “foreign agents,” to harass, to stigmatize, and in some cases to halt their operation, although fewer organizations were registered than in previous years. As of October the Ministry of Justice had added five NGOs to the “foreign agents” registry during the year, and its registry of organizations designated as “foreign agents” included 73 NGOs.

For the purposes of implementing the foreign agents law, the government considered “political activities” to include organizing public events, rallies, demonstrations, marches, and pickets; organizing and conducting public debates, discussions or presentations; ‎participating in election activities aimed at influencing the result, including election observation and forming commissions; public calls to influence local and state government bodies, including calling for changes to legislation; disseminating opinions and decisions of state bodies by technology; and attempting to shape public political views, including public opinion polls or other sociological research.

To be delisted, an NGO must submit an application to the Ministry of Justice proving that it did not receive any foreign funding or engage in any political activity within the previous 12 months. If the NGO received any foreign funding, it must have returned the money within three months. The ministry would then initiate an unscheduled inspection of the NGO to determine whether it qualified for removal from the list.

The law on “foreign agents” requires that NGOs identify themselves as “foreign agents” in all their public materials. Authorities fined NGOs for failing to disclose their “foreign agent” status on websites or printed materials. For example, on August 13, a court in the Mari-El Republic fined the human rights group Man and Law 300,000 rubles ($4,500) for failing to mark its Facebook page as belonging to a “foreign agent.” According to the NGO, the page had previously been marked but the marking disappeared when Facebook had updated its user interface.

The government placed additional restrictions on NGOs designated as “foreign agents.” On October 11, President Putin signed a law prohibiting “foreign agent” NGOs and foreign NGOs from receiving an accreditation from the Ministry of Justice that would allow them to submit anticorruption analysis of legislation. NGOs designated “foreign agents” were already prohibited from participating in election observation.

Organizations the government listed as “foreign agents” reported experiencing the social effects of stigmatization, such as being targeted by vandals and online criticism, in addition to losing partners and funding sources and being subjected to smear campaigns in the state-controlled press.

The law requires the Ministry of Justice to maintain a list of “undesirable foreign organizations.” The list expanded during the year as the Ministry of Justice added the European Platform for Democratic Elections, the International Elections Study Center, the German Marshall Fund, and Pacific Environment. As of October the total number of “undesirable foreign organizations” was 15. According to the law, a foreign organization may be found “undesirable” if that group is deemed “dangerous to the foundations of the constitutional order of the Russian Federation, its national security, and defense.” Authorities have not clarified what specific threats the “undesirable” NGOs posed to the country. Any foreign organization deemed “undesirable” must cease its activities, any money or assets found by authorities may be seized, and any citizens found to be continuing to work with the organization in contravention of the law may face up to seven years in prison.

NGOs engaged in political activities or activities that purportedly “pose a threat to the country” or that receive support from U.S. citizens or organizations are subject to suspension under the “Dima Yakovlev” law, which also prohibits NGOs from having members with dual Russian-U.S. citizenship.

Authorities continued to misuse the country’s expansive definition of extremism as a tool to stifle freedom of association. In 2017 the Supreme Court criminalized the activity of members of Jehovah’s Witnesses. The decision prohibited all activity of Jehovah’s Witnesses’ legal entities throughout the country, effectively banning their worship. The parent organization of the Jehovah’s Witnesses in the country and 395 regional branches were formally placed on the Justice Ministry’s list of “extremist” groups, a procedural move following the Supreme Court’s decision. As of October more than 50 Jehovah’s Witnesses were facing criminal charges for taking part in the activities of a banned extremist organization (see the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/).

There were reports civil society activists were beaten or attacked in retaliation for their professional activities and that in most cases law enforcement officials did not adequately investigate the incidents. As of September the legal NGO Agora had identified more than 80 such attacks during the year. For example, there were multiple reports of physical attacks on the Memorial and its activists in the North Caucasus during the year, which human rights organizations believed to be a coordinated campaign of pressure aimed at silencing Memorial and halting its human rights work. On January 17, two masked men set fire to the Memorial office in Nazran, Ingushetia. On January 23, unknown perpetrators set fire to one of Memorial’s cars in Makhachkala, Dagestan. On March 29, Sirazhutdin Datsiyev, the head of Memorial’s office in the Republic of Dagestan, was hospitalized with a head injury after an attack by unknown assailants.

In multiple cases authorities arbitrarily arrested and prosecuted civil society activists in political retaliation for their work (see section 1.e.).

There were reports authorities targeted NGOs and activists representing the LGBTI community for retaliation (see section 6, Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity).

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but in some cases, authorities restricted internal movement, foreign travel, and repatriation.

The Office of the UN High Commissioner for Refugees (UNHCR) reported it had a working relationship with the government on asylum and refugee problems. NGOs reported, however, that the government failed to provide protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern. In one case NGOs reported that 102,944 refugees remained in the country, including 101,019 Ukrainians, of whom nearly 2,000 struggled to maintain legal status. The government considered Ukrainian asylum seekers to be separate from asylum seekers from other countries, such as Afghanistan, Georgia, Syria, and Yemen. According to NGOs, two Syrian refugees and 150 Ukrainian refugees received citizenship in during the year. In some cases temporary asylum holders who received refugee status from third countries were not granted exit visas or allowed to depart the country.

Abuse of Migrants, Refugees, and Stateless Persons: NGOs reported that police detained, fined, and threatened with deportation migrants, refugees, and stateless persons. NGOs also reported racially motivated assaults by civilians.

In-country Movement: Although the law gives citizens the right to choose their place of residence, adult citizens must carry government-issued internal passports while traveling domestically and must register with local authorities after arriving at a new location. To have their files transferred, persons with official refugee or asylum status must notify the Ministry of Internal Affairs in advance of relocating to a district other than the one that originally granted them status. Authorities often refused to provide government services to individuals without internal passports or proper registration, and many regional governments continued to restrict this right through residential registration rules.

Authorities imposed travel restrictions on individuals facing prosecution for political purposes.

Foreign Travel: The law provides for freedom to travel abroad, but the government restricted this right for certain groups.

The law on procedures for departing from and entering the country stipulates that a person who violates a court decision does not have a right to leave the country. A court may prohibit a person from leaving the country for failure to satisfy debts; if the individual is suspected, accused, or convicted of a crime; or if the individual had access to classified material. The law allows for the temporary restriction of a bankrupt citizen’s right to leave the country. Authorities imposed travel restrictions on individuals facing prosecution for political purposes. For example, the government temporarily stopped opposition leader Navalny from leaving the country to attend an ECHR hearing on November 13 because he had an outstanding debt from embezzlement charges that most observers considered politically motivated. He was permitted to leave the country the following day.

According to press reports, since 2014 the government restricted the foreign travel of approximately five million of its employees. This included employees of the Prosecutor General’s Office, the Ministry of Internal Affairs, the Ministry of Defense, the Federal Prison Service, the Federal Drug Control Service, the Federal Bailiff Service, the General Administration for Migration Issues, and the Ministry of Emergency Situations.

INTERNALLY DISPLACED PERSONS (IDPS)

In 2017 the Internal Displacement Monitoring Center (IDMC) estimated the country was home to 19,000 internally displaced persons, down from 22,600 in 2016. Of the 19,000 IDPs, the IDMC asserted that 5,900 were new displacements. According to the government’s official statistics, the number of forced migrants decreased from 25,359 in the beginning of 2016 to 19,327 in January 2017. The government indicated that the majority of forced migrants came from former USSR republics, namely Georgia, Kazakhstan, and Uzbekistan, with between 3,500 and 4,000 persons displaced due to the first Chechen conflict in 1995-96.

PROTECTION OF REFUGEES

Refoulement: The government provided some protection against the expulsion or return of persons to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion. The responsible agency, the Main Directorate for Migration Affairs of the Ministry of Internal Affairs (GAMI), did not maintain a presence at airports or other border points and did not adequately publicize that asylum seekers could request access to the agency. Asylum seekers had to rely on the goodwill of border guards and airline personnel to call immigration officials. Otherwise, they faced immediate deportation to neighboring countries or return to their countries of origin, including in some cases to countries where they may have had reasonable grounds to fear persecution. There were no known statistics on the number of persons subjected to such actions.

Human rights groups continued to allege that authorities made improper use of international agreements that permit them to detain, and possibly repatriate, persons with outstanding arrest warrants from other former Soviet states. This system, enforced by informal ties between senior law enforcement officials of the countries concerned, permitted authorities to detain individuals for up to one month while the Prosecutor General’s Office investigated the nature of the warrants. International organizations reported six cases of refoulement of asylum seekers during the year, and NGOs cited cases in which officials detained persons (most commonly from Central Asia) and returned them clandestinely to their country of origin.

Access to Asylum: The country’s laws provide for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. NGOs reported applicants commonly paid informal “facilitation fees” of approximately 33,000 rubles ($495) to GAMI adjudicators to have their application reviewed. Applicants who did not speak Russian often had to pay for a private interpreter. Human rights organizations noted that nearly all newly arrived refugees and temporary asylum seekers in large cities, in particular Moscow and St. Petersburg, were forced to apply in other regions, allegedly due to full quotas. With the exception of Ukrainians, GAMI approved a small percentage of applications for refugee status and temporary asylum.

Some observers pointed out that GAMI data failed to include asylum seekers who were forcibly deported or extradited before exhausting their legal remedies. Moreover, some individuals who might otherwise have sought international protection, especially those from Central Asia, reportedly chose not to make formal applications for asylum because doing so often led to criminal investigations and other unwanted attention from the security services.

Human rights organizations noted the country’s tendency during the year not to accept more Ukrainian and Syrian applicants for refugee status and temporary asylum. NGOs also reported that authorities encouraged applicants to return to their countries of origin. Authorities reportedly also had blanket authority to grant temporary asylum to Syrians, but local migration experts noted a decrease in the number of Syrians afforded temporary asylum, suggesting that GAMI had not renewed the temporary asylum of hundreds of Syrians and, in some cases, encouraged applicants to return to Syria.

Employment: Employers frequently refused to hire applicants who lacked residential registration.

Access to Basic Services: By law successful temporary asylum seekers and persons whose applications were being processed have the right to work, receive medical care, and attend school. NGOs reported authorities provided some services to Ukrainian asylum seekers, but there were instances in which applicants from other countries were denied the same service.

While federal law provides for education for all children, regional authorities occasionally denied access to schools to children of temporary asylum and refugee applicants who lacked residential registration. When parents encountered difficulties enrolling their children in school, authorities generally cooperated with UNHCR to resolve the problem.

Temporary Protection: A person who did not satisfy the criteria for refugee status, but who could not be expelled or deported for humanitarian reasons, could receive temporary asylum after submitting a separate application. There were reports, however, of authorities not upholding the principle of temporary protection.

STATELESS PERSONS

According to the 2010 population census, the country was home to 178,000 self-declared stateless persons. Official statistics did not differentiate between stateless persons and other categories of persons seeking assistance. Laws, policies and procedures allow stateless persons to gain nationality, and for their children born in the country to gain nationality. Some NGOs estimated there were approximately 500,000 stateless persons in the country and reported that authorities urged stateless persons to depart the country, but, in most cases, they failed to provide temporary legal status that would facilitate their departure.

Section 3. Freedom to Participate in the Political Process

While the law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage, citizens could not fully do so because the government limited the ability of opposition parties to organize, register candidates for public office, access media outlets, and conduct political campaigns.

Elections and Political Participation

Recent Elections: The March 18 presidential election and the 2016 parliamentary elections were marred by accusations of government interference and manipulation of the electoral process.

The OSCE reported the March 18 presidential election “took place in an overly controlled environment, marked by continued pressure on critical voices” and that “restrictions on the fundamental freedoms, as well as on candidate registration, have limited the space for political engagement and resulted in a lack of genuine competition.” The OSCE also noted, “television, and in particular broadcasters that are state-founded, owned, or supported, remains the dominant source of political information. A restrictive legislative and regulatory framework challenges freedom of the media and induces self-censorship…Voters were thus not presented with a critical assessment of the incumbent’s views and qualifications in most media.” Observers widely noted that the most serious potential challenger, Navalny, was prevented from registering his candidacy due to a previous criminal conviction that appeared politically motivated.

In a statement on the 2016 State Duma elections, the OSCE’s election observation mission noted, “Democratic commitments continue to be challenged and the electoral environment was negatively affected by restrictions to fundamental freedoms and political rights, firmly controlled media and a tightening grip on civil society…Local authorities did not always treat the contestants equally, and instances of misuse of administrative resources were noted. The election day generally proceeded in an orderly manner, but numerous procedural irregularities were noted during counting.”

Political Parties and Political Participation: The process for nominating candidates for office was highly regulated and placed significant burdens on opposition candidates and political parties. While parties represented in the State Duma may nominate a presidential candidate without having to collect and submit signatures, prospective self-nominated presidential candidates must collect 300,000 signatures, no more than 7,500 from each region, and submit the signatures to the Central Electoral Commission (CEC) for certification. Nominees from parties without State Duma representation must collect 100,000 signatures. An independent candidate is ineligible to run if the commission finds more than 5 percent of signatures to be invalid.

Candidates to the State Duma can be nominated directly by constituents, by political parties in single-mandate districts, by political parties on their federal list, or may be self-nominated. Political parties select candidates for the federal lists from their ranks during party conventions via closed voting procedures. Party conventions also select single mandate candidates. Only political parties that overcame the 5 percent threshold during the previous elections may form federal and single mandate candidate lists without collecting signatures, while parties that did not must collect 200,000 signatures to register a candidate. Self-nominated candidates generally must gather 3 percent of voters’ signatures in their districts.

Gubernatorial candidates nominated by registered political parties are not required to collect signatures from members of the public, although self-nominated candidates are. The law also requires gubernatorial candidates not nominated by a registered party to meet a “municipal filter” requirement. Such candidates must obtain signatures of support from a defined portion of municipal deputies, the portion of which varies by region, as well as collect signatures from at least one deputy in each of a specified portion of municipal council districts.

Observers and would-be candidates said the municipal filter was not applied equally, and that authorities pressured municipal deputies not to provide signatures to candidates who were not preapproved by authorities. They asserted that no independent candidate with the potential to defeat authorities’ favored candidates was permitted to pass through the municipal filter. The election monitoring group Golos also stated that independent candidates were not able to collect the necessary number of municipal deputy signatures as a result of pressure from authorities. During the year the filter prohibited opposition candidates Dmitriy Gudkov and Ilya Yashin from participating in the Moscow mayoral elections.

In some cases opposition parties were repeatedly denied registration. On August 27, authorities denied opposition leader Navalny’s application to register a political party for the fifth time in five years, a decision observers believed to be politically motivated.

Authorities sought to restrict the work of independent monitors and promote government-sponsored monitoring. Observers are prohibited from being accredited to more than one polling station, limiting the ability of civil society to monitor elections. Critics contended that the law made it difficult for domestic election monitors to conduct surprise inspections due to provisions requiring observers to register with authorities, including the polling station they intend to monitor, three days before elections. Burdensome registration regulations also hampered the work of journalists wishing to monitor elections as well as independent or nonparty-affiliated groups, whose monitors registered as journalists for their affiliated publications. On March 7, the CEC denied observer accreditation to 850 observers with the Golos-affiliated media outlet Molniya as well as 4,500 observers with the Navalny-affiliated media outlet Leviathan.

Authorities continued to hamper the efforts of Golos, whose work was curtailed by a law prohibiting NGOs listed as “foreign agents,” from taking part in the election process as well as by continuing harassment and intimidation by authorities.

On January 16, the country’s leading independent pollster, the Levada Center, announced that it would no longer publish the results of its opinion polls on the March presidential elections, fearing legal repercussions. The center had been designated a “foreign agent” in 2016, barring it from participating in election-related work. The center’s director expressed fears the government would forcibly close the pollster if it were to publish its election polling data.

Once elected, many opposition politicians reported efforts by the ruling party to undermine their work or remove them from office. For example, on May 22, the independent mayor of Yekaterinburg, Yevgeniy Roizman, resigned from office after the city’s legislature voted to abolish mayoral elections. Observers saw the change as designed to ensure that a progovernment official occupied the position.

Opposition politicians often faced violence and threats. Media outlets described a spate of threats and attacks on independent municipal deputies who had won seats in the Moscow city district councils in 2017, including several vandalism incidents involving severed pig heads being left in their homes and vehicles. In June an unknown assailant poured motor oil on independent Moscow local city council member Anastasia Muralova shortly after she had successfully halted street repairs in the district that were being carried out illegally without a contract.

Authorities continued to engage in a pattern of harassment, including threats of violence, against opposition leader Navalny and his supporters (see sections 1.d., 2.a., and 2.b.). On September 24, Navalny’s press secretary stated that, since the start of the year, Navalny had been arrested five times and spent 120 days in jail. On November 15, the ECHR upheld a previous decision that found rights violations in Navalny’s seven arrests and two instances of pretrial detentions between 2012 and 2014. They noted these arrests “lacked a legitimate aim,” and “had not been necessary in a democratic society.” On September 11, the head of the National Guard, Viktor Zolotov, challenged Navalny to a duel and threatened to make a “nice, juicy steak” out of him.

Participation of Women and Minorities: No laws limit participation of women and members of minorities in the political process, and they did participate. While members of national minorities took an active part in political life, ethnic Russians, who constituted approximately 80 percent of the population, dominated the political and administrative system, particularly at the federal level.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: Rape is illegal, and the law provides the same punishment for a relative, including the spouse, who commits rape as for a nonrelative. The penalty for rape is three to six years’ imprisonment for a single offense, with additional time imposed for aggravating factors. According to NGOs, many law enforcement personnel and prosecutors did not consider spousal or acquaintance rape a priority and did not encourage reporting or prosecuting such cases. NGOs reported that local police officers sometimes refused to respond to rape or domestic violence calls unless the victim’s life was directly threatened.

For example, on June 1, online news portal Meduza published allegations by an actress that the director of the Vologorodskiy Drama Theater, Zurab Nanobashvili, had raped her in 2015. Three other actresses also accused Nanobashvili of attempted rape and sexual harassment. Two of the women, one of whom was 17 years old, filed a complaint with the local Investigative Committee that Nanobashvili had groped, licked, and attempted to rape them in April. On June 8, the local Ministry of Culture fired Nanobashvili from his position. On the same day, the Investigative Committee informed the women that, while Nanobashvili’s actions “bore the hallmarks of sexual abuse,” no criminal case would be opened against him because the women were older than age 16.

Domestic violence remained a major problem. There is no significant domestic violence provision in the criminal code and no legal definition of domestic violence. The laws that address bodily harm are general in nature and do not permit police to initiate a criminal investigation unless the victim files a complaint. The burden of collecting evidence in such cases typically falls on the alleged victims. Federal law prohibits battery, assault, threats, and killing, but most acts of domestic violence did not fall within the jurisdiction of the prosecutor’s office.

According to an HRW report on domestic violence published in October, when domestic violence offenses were charged, articles 115 and 116.1 under the country’s Criminal Procedure Code were usually applied, which use the process of private prosecution. These private prosecutions are launched only if the injured party or their guardian takes the initiative to file a complaint with a magistrate judge. In such cases the injured party bears the burden of gathering all evidence necessary for prosecution and must pay all costs of the prosecution, which HRW believed severely disadvantaged survivors.

According to NGOs, police were often unwilling to register complaints of domestic violence, often saying that cases are “family matters,” frequently discouraged victims from submitting complaints, and often pressed victims to reconcile with abusers. HRW’s report on domestic violence described the case of a woman from a small town in western Russia, who complained to police after her husband severely beat her. The police officer who arrived at her home joked with her husband, insulted her, advised her to reconcile with him, and left, after which her husband beat her again and broke her jaw. He then left for several months with their eight-year-old son. When she called police again, they suggested, mockingly, that she was bitter because the husband must have left her for another woman.

A 2017 law made beatings by “close relatives” an administrative rather than a criminal offense for first-time offenders, provided the beating does not cause serious harm requiring hospital treatment. According to official statistics released during the year, since this law was passed, the number of reported domestic violence cases has fallen by half, with 25,667 cases of domestic violence against women reported in 2017, compared with 49,765 cases reported in 2016. NGOs working on domestic violence noted that official reporting of domestic violence decreased because the decriminalization deterred women suffering domestic violence from going to the police. In contrast, HRW’s October report stated that women’s rights groups and crisis centers noted an increase in the number of domestic violence complaints after the 2017 amendments were enacted and said that they considered the increase to be a direct effect of decriminalization. HRW identified three major impacts of the 2017 decriminalization: fostering a sense of impunity among abusers, weakening protections for victims by reducing penalties for abusers, and creation of new procedural shortcomings in prosecuting domestic violence.

According to Ministry of Internal Affairs statistics cited by NGOs, approximately 12,000 women died annually from domestic violence in the country. The NGO Center for Women’s Support asserted that a majority of domestic violence cases filed with authorities were either dismissed on technical grounds or transferred to a reconciliation process conducted by a justice of the peace whose focus was on preserving the family rather than punishing the perpetrator.

HRW’s report noted there are few state-run shelters for victims of domestic violence, citing a study that found only 434 shelter spaces nationally reserved for women in crisis situations (which includes, but is not limited to, domestic violence). HRW noted that these shelters set a high entry threshold, require a daunting amount of paperwork and long wait times to determine whether a space may be granted, and often emphasize “preserving the family” and protecting children over women’s safety needs.

Female Genital Mutilation/Cutting (FGM/C): The law does not specifically prohibit FGM/C. NGOs in Dagestan reported FGM/C was occasionally practiced in some villages. On November 27, Meduza reported that a Moscow clinic conducted FGM/C procedures on girls ages five and 12. After the report was published, the clinic ceased advertising FGM/C services.

Other Harmful Traditional Practices: Human rights groups reported that “honor killings” of women in Chechnya, Dagestan, and elsewhere in the North Caucasus were rarely prosecuted, although there were rare instances in which such killings led to convictions. For example, on September 5, a court in Ingushetia sentenced a man to eight years in prison for an “honor killing” of his 31-year-old daughter. The woman’s body had been found on the side of a highway on February 20, and her father confessed to strangling her. In some parts of the North Caucasus, women continued to face bride kidnapping, polygamy, forced marriage (including child marriage), legal discrimination, and forced adherence to Islamic dress codes.

Sexual Harassment: The criminal code contains a general provision against compelling a person to perform actions of a sexual character by means of blackmail, threats, or by taking advantage of the victim’s economic or other dependence on the perpetrator. Sexual harassment was reportedly widespread.

In early March, three female journalists accused a senior parliamentarian in the State Duma, Leonid Slutskiy, of sexual assault and harassment, including unwanted and inappropriate touching, kissing, and sexualized comments. On March 7, State Duma speaker Vyacheslav Volodin remarked that journalists who feel unsafe reporting from the Duma should “change jobs.” On the same day, Tamara Pletneva, the head of the State Duma Committee on Family, Women, and Children stated that female journalists seeking to avoid harassment should “look more decent and dress more appropriately” and that “if it’s frightening for them, if they are offended here, then they don’t have to come here.” On March 21, the parliamentary ethics committee cleared Slutskiy of any wrongdoing.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The constitution and law provide that men and women enjoy the same legal status and rights, but women often encountered significant restrictions, including bans on their employment in certain types of jobs in sectors like mining and construction.

Children

Birth Registration: By law citizenship derives from parents at birth or from birth within the country’s territory if the parents are unknown or if the child cannot claim the parents’ citizenship. Failure to register a birth resulted in the denial of public services.

Education: Education is free and compulsory through grade 11, although regional authorities frequently denied school access to the children of persons who were not registered local residents, including Roma, asylum seekers, and migrant workers.

Child Abuse: A 2013 estimate by the Ministry of Internal Affairs indicated that one in four children in the country was subjected to abuse by a parent or foster parent. According to a 2011 report published by the NGO Foundation for Assistance to Children in Difficult Life Situations, 2,000 to 2,500 children died annually from domestic violence. A 2017 law that makes beatings by “close relatives” an administrative rather than a criminal offense for first-time offenders, provided the beating does not cause serious harm requiring hospital treatment, applies to children also.

The country does not possess a law on child abuse, but its criminal code outlaws murder, battery, and rape. The range of penalties for such crimes can be from five to 15 years in jail and, if they result in the death of a minor, up to 20 years in jail.

Early and Forced Marriage: The minimum legal age for marriage is 18 for both men and women. Local authorities may authorize marriage from the age of 16 under certain circumstances and even earlier in some regions.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation, sale, offering or procuring for prostitution, and practices related to child pornography. The authorities generally enforced the law. The age of consent is 16. In 2015 the Investigative Committee reported filing charges in 1,645 cases of rape involving children and in more than 5,300 cases of sexual assault of children. For example, according to press reports, on February 1, police arrested a man in the Moscow region after his 13-year-old stepdaughter reported he had raped her on a regular basis for three years.

The law prohibits the manufacture, distribution, and possession with intent to distribute child pornography, but possession without intent to distribute is not prohibited by law. Manufacture and distribution of pornography involving children younger than age 18 is punishable by two to eight years in prison or to three to 10 years in prison if it involves children younger than age 14. Authorities considered child pornography to be a serious problem.

Roskomnadzor has the power to shut down any website immediately and without due process until its owners prove its content does not include child pornography. In 2014 approximately 15 percent of the 45,700 links Roskomnadzor shut down related to child pornography.

Institutionalized Children: There were reports of physical, sexual, and psychological abuse in state institutions for children. Children with disabilities were especially vulnerable. For example, on February 19, press reported that law enforcement bodies in Chelyabinsk charged a man with child sexual abuse and charged the leadership of a local orphanage with negligence after the man reportedly sexually abused at least seven children with disabilities at the orphanage over several years. According to witness accounts in the press, several teachers may have been aware of and complicit in the abuse.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

The 2010 census estimated the Jewish population at slightly more than 150,000. In 2015, however, the president of the Federation of Jewish Communities of Russia stated that the actual Jewish population was nearly one million.

One violent attack with possible anti-Semitic motives was reported. On October 15, the president of the Jewish community of Tatarstan, Mikhail Abramovich Skoblionok, and his aide, were injured by a bomb he received in the mail. Kazan police opened an investigation to determine if it was an anti-Semitic attack; the attack was being investigated as attempted murder.

A number of leading figures in the Jewish community reported the level of anti-Semitism in the country was decreasing but that during the year some political and religious figures made anti-Semitic remarks publicly.

In a March 10 interview, President Putin responded to a question concerning reports of Russian meddling in foreign elections, by suggesting that instead “Ukrainians, Tatars, and Jews” may have been involved.

On January 15, Russia Insider, an English language publication linked to progovernment oligarchs, published an anti-Semitic essay by its founder, Charles Bausman, that attacked dozens of Jewish writers and journalists, claiming Jews were the reason for “unreasonable hostility towards Putin’s Russia” and solicited anti-Semitic contributions.

On June 30, the FIFA fined the country’s soccer federation $10,100 after Russian fans displayed a neo-Nazi banner during a World Cup match in Samara. The banner reportedly featured the number 88, which is far-right code for “Heil Hitler.”

In early October the Supreme Court upheld the revocation of the foreigner residence permit and deportation of the chief rabbi of Omsk Oblast and the Siberian Federal District, Osher Krichevskiy, and his family for advocating “forcible and violent change” in the constitution and creating a security threat to citizens. According to Novaya Gazeta’s October 4 report on the decision, the country has deported eight rabbis who held foreign citizenships in recent years.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

While several laws prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities, the government generally did not enforce these laws. The law provides protection for persons with disabilities, including access to education, employment, health services, information, communications, buildings, transportation, the judicial system, and other state services. NGOs reported, however, that persons with disabilities still faced widespread discrimination in securing employment and access to some forms of transportation, as well as physical accessibility throughout the country.

The conditions of guardianship imposed by courts on persons with mental disabilities deprived them of almost all personal rights. Under the family code, individuals with mental disabilities were at times prevented from marrying without a guardian’s consent.

Federal law requires that buildings be accessible to persons with disabilities, but authorities did not enforce the law, and many buildings and modes of public transportation remained inaccessible.

Election laws do not specifically mandate that polling places be accessible to persons with disabilities, and the majority of them were not. Election officials generally brought mobile ballot boxes to the homes of voters with disabilities.

According to HRW, although the government began to implement inclusive education, most children with disabilities did not study in mainstream schools due to a lack of accommodations to facilitate their individual learning needs. The lack of reasonable accommodations left tens of thousands of children with disabilities isolated at home or in specialized schools, often far from their homes.

According to Ministry of Internal Affairs data, more than 45 percent of the country’s total population of children with disabilities were institutionalized. While the law mandates inclusive education for children with disabilities, authorities generally segregated them from mainstream society through a system that institutionalized them through adulthood. Graduates of such institutions often lacked the social, educational, and vocational skills to function in society.

There appeared to be no legal mechanism by which individuals could contest their assignment to a facility for persons with disabilities. The classification of children with mental disabilities by category of disability often followed them through their lives. The official designations “imbecile” and “idiot,” assigned by a commission that assesses children with developmental problems at the age of three, signified that authorities considered a child uneducable. These designations were almost always irrevocable. The designation “weak” (having a slight cognitive or intellectual disability) followed an individual on official documents, creating barriers to employment and housing after graduation from state institutions.

National/Racial/Ethnic Minorities

The law prohibits discrimination based on nationality, but according to a 2017 report by the Committee on Elimination of Racial Discrimination, officials discriminated against minorities, including through “de facto racial profiling, targeting in particular migrants and persons from Central Asia, and the Caucasus.”

During the year there were 15 violent attacks against Central Asians and members of other ethnic minorities, resulting in the death of three persons and injury to 12. Typically the police opened investigations into these incidents but did not disclose their conclusions or apprehend assailants. For example, on January 12, a Kyrgyz man died from multiple stab wounds in Noginsk. Media reports alleged that the assailants, who fled the scene, may have belonged to an ultraright wing group.

According to a 2017 report by the human rights group ADC Memorial, Roma faced widespread discrimination in access to resources (including water, gas, and electricity services); demolitions of houses and forced evictions, including of children, often in winter; violation of the right to education (segregation of Romani children in low quality schools); and other forms of structural discrimination. Media outlets reported that Moscow police forcibly evacuated Romani persons from the city in advance of the June FIFA World Cup.

Indigenous People

The constitution and various statutes provide support for “small-numbered” indigenous peoples of the North, Siberia, and the Far East, permitting them to create self-governing bodies and allowing them to seek compensation if economic development threatened their lands. The government granted the status of “indigenous” and its associated benefits only to those ethnic groups numbering fewer than 50,000 and maintaining their traditional way of life. A 2017 report by the human rights group ADC Memorial noted the major challenges facing indigenous people included “seizure of territories where these minorities traditionally live and maintain their households by mining and oil and gas companies; removal of self-government bodies of indigenous peoples; and repression of activists and employees of social organizations, including the fabrication of criminal cases.”

Indigenous sources reported state-sponsored harassment, including interrogations by the security services, as well as employment discrimination (see section 7.d.). For example, on July 24, authorities in Khahasia charged Khahas activist Lidiya Bainova with extremism for a social media post in which she alleged that ethnic Russians subject Khahas people to discrimination. On November 26, authorities dropped the charges.

Since 2015 the Ministry of Justice has added several NGOs focusing on indigenous issues to the “foreign agents” list (see section 2.b., Freedom of Association), including the Center for Support of Indigenous Peoples of the North and the International Foundation for the Development of Indigenous and Small Numbered Peoples of the North, Siberia, and Far East, making it difficult for them to operate.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes the distribution of “propaganda” of “nontraditional sexual relations” to minors and effectively limits the rights of free expression and assembly for citizens who wished to advocate publicly for rights or express the opinion that homosexuality is normal. Examples of what the government considered LGBTI propaganda included materials that “directly or indirectly approve of persons who are in nontraditional sexual relationships” (see section 2.a.). The law did not prohibit discrimination against LGBTI persons in housing or employment or in access to government services such as health care.

During the year there were reports of state actors committing violence against LGBTI individuals based on their sexual orientation or gender identity, particularly in the Republic of Chechnya (see section 1.a.).

There were reports government agents harassed and threatened LGBTI activists. For example, on September 14, police in Pyatigorsk threatened a student activist after he complained about municipal denial of permission to host an LGBTI rally. Police summoned him to a meeting at the university where he studied, and demanded that he drop his request to hold the demonstration. They hinted at the homophobic “mentality of the Caucasus,” the “irritation” the request was causing the city administration, and mentioned that in the event “something should happen” during the demonstration, police might be unable to protect the participants. They also attempted to get the activist to disclose the names of other LGBTI activists and threatened to “out” him to his parents, family members, and acquaintances.

Openly gay men were particular targets of societal violence, and police often failed to respond adequately to such incidents. For example, according to LGBT Network, in June a Volgograd teenager, Vlad Pogorelov, filed a complaint with the local prosecutor’s office against the local police decision to close a criminal investigation into an attack he had suffered in November 2017. Pogorelov, then 17 years old, was lured into a meeting by homophobic persons posing as gay youth on a dating website. They beat and robbed Pogorelov, who filed a police report. Police opened a criminal investigation into the attack but closed it within a month, citing the “low significance” of the attack, and informing Pogorelov that police were unable to protect LGBTI persons. According to LGBT Network, the case was emblematic of authorities’ unwillingness to adequately investigate or consider homophobia as a motive in attacks on LGBTI persons.

On April 24, the LGBT Network released a report that documented 104 incidents of physical violence towards LGBTI persons in 2016-17, including 11 killings. The report noted the continuing trend of groups and individuals luring gay men on fake dates to beat, humiliate, and rob them. The report noted that police often claimed to have found no evidence of a crime or refused to recognize attacks on LGBTI persons as hate crimes, which impeded investigations and perpetrators’ being fully held to account. During investigations of attacks, LGBTI persons risked being “outed” by police to their families and colleagues. LGBTI persons often declined to report attacks against them due to fears police would subject them to mistreatment or publicize their sexual orientation or gender identity.

LGBTI persons reported significant societal stigma and discrimination, which some attributed to official promotion of intolerance and homophobia.

High levels of employment discrimination against LGBTI persons reportedly persisted (see section 7.d.) Activists asserted that the majority of LGBTI persons hid their sexual orientation or gender identity due to fear of losing their jobs or homes as well as the threat of violence. The Russia LGBT Network recorded 13 incidents of discrimination against LGBTI teachers in 2016-17. In most cases homophobic activists wrote letters outing the teachers to the school’s administration, which then either fired the teacher, preventing his or her future employment in schools, or forced him or her to resign. The Russia LGBT Network recorded 18 cases of discrimination against LGBTI persons employed in other professions in 2016-17. Polling of LGBTI persons suggested that 17 percent had encountered employment discrimination.

Medical practitioners reportedly continued to limit or deny LGBTI persons health services due to intolerance and prejudice. The Russia LGBT Network’s report indicated that, upon disclosing their sexual orientation or gender identity, LGBTI individuals often encountered strong negative reactions and the presumption they were mentally ill.

Transgender persons faced difficulty updating their names and gender markers on government documents to reflect their gender identity because the government had not established standard procedures, and many civil registry offices denied their requests. When documents failed to reflect their gender identity, transgender persons often faced harassment by law enforcement officers and discrimination in accessing health care, education, housing, transportation, and employment.

There were reports that LGBTI persons faced discrimination in the area of parental rights. The Russia LGBT Network reported that LGBTI parents often feared that the country’s ban on the “propaganda of nontraditional sexual orientation” to minors would be used to remove custody of their children. In one example, on February 12, the Ordzhonikidzevskiy District Court of Yekaterinburg denied the return of two foster children to the Savinovskiy family on suspicion that the foster mother, Yulia Savinovskiy, was transitioning following breast reduction surgery and social media posts about transgender issues. According to the court, Savinovskiy was seeking the social role of a man, which the court said contradicted the prohibition of same-sex marriages in the country. Savinovskiy lost custody of the two foster children in August 2017. In September 2017 media outlets reported that Children’s Ombudsman Anna Kuznetsova said she would investigate the case, but the results of any action were unknown.

HIV and AIDS Social Stigma

Persons with HIV/AIDS faced significant legal discrimination, growing informal stigma-based barriers, employment discrimination (see section 7.d.), and were prohibited from adopting children.

According to NGO activists, men who have sex with men were unlikely to seek antiretroviral treatment, since treatment exposed the fact that these individuals had the virus, while sex workers were afraid to appear in the official system due to threats from law enforcement bodies. Economic migrants also concealed their HIV status and avoided treatment due to fear of deportation. By law foreign citizens who are HIV-positive may be deported. The law, however, bars the deportation of HIV-positive foreigners who have a Russian national or permanent resident spouse, child, or parents.

Prisoners with HIV/AIDS experienced regular abuse and denial of medical treatment and had fewer opportunities for visits with their children.

Although the law provides for treatment of HIV-positive persons, drug shortages, legal barriers, and lack of funds caused large gaps in treatment. In 2017 the Ministry of Health forbade the Federal AIDS Center in Moscow from dispensing antiretroviral drugs. The center served persons who could not get treatment at Moscow hospitals because they resided in the city without permanent registration.

On June 21, the Constitutional Court deemed it unconstitutional to prohibit HIV-positive parents from adopting children.

The Ministry of Justice continued to designate HIV-related NGOs as foreign agents; at least two such groups were so designated during the year (see section 2.b., Freedom of Association).

Other Societal Violence or Discrimination

The lack of an internal passport often prevented homeless citizens from fully securing their legal rights and social services. Homeless persons faced barriers to obtaining legal documentation. Prior to the World Cup soccer tournament held in June and July, Moskovskiy Komsomolets reported that police rounded up homeless persons, beat them, and bussed them to camps and disused military bases.

Promotion of Acts of Discrimination

A homophobic campaign continued in state-controlled media in which officials, journalists, and others called LGBTI persons “perverts,” “sodomites,” and “abnormal” and conflated homosexuality with pedophilia. State-controlled media also promoted anti-Semitic conspiracies, such as the supposed control of the world economy by the Rothschild family.

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor but allows for it as a penal sentence, in some cases as prison labor contracted to private enterprises.

The government was generally effective in enforcing laws against forced labor, but gaps remained in protecting migrant laborers, particularly from North Korea. Migrant forced labor occurred in the construction and service industries, logging industry (timber), textile shops, brick making, and the agricultural sector (see section 7.c.). Migrant workers at times experienced exploitative labor conditions characteristic of trafficking cases, such as withholding of identity documents, nonpayment for services rendered, physical abuse, and extremely poor living conditions.

Under a state-to-state agreement in effect since 2009, North Korean citizens worked in the country in a variety of sectors, including the logging and construction industries in the Far East. As of 2016 the Federal State Statistics Service, citing GAMI numbers, reported 30,000 North Korean workers were in the country, many of whom worked under conditions of forced labor. Press reports indicated North Korean laborers helped build a new soccer stadium in St. Petersburg used in the World Cup soccer tournament held during the year, a project on which at least one laborer died. Two North Korean laborers died in central Moscow in July while working on a luxury apartment complex, and independent reports characterized as consistent with forced labor conditions in the logging camps in the country’s Far East that employed North Korean laborers.

Authorities failed to screen departing North Korean workers for human trafficking and indications of forced labor.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children younger than age 16 in most cases and regulates the working conditions of children younger than age 18. The law permits children to work at the age of 14 under certain conditions and with the approval of a parent or guardian. Such work must not threaten the child’s health or welfare. The labor code lists occupations restricted for children younger than age 18, including work in unhealthy or dangerous conditions, underground work, or jobs that might endanger a child’s health and moral development.

RosTrud is responsible for inspecting enterprises and organizations to identify violations of labor and occupational health standards for minors. The government did enforce the law, but violations, such as employing child labor, were at times classified as administrative matters and punished with insufficient fines, doing little to deter future violations.

Child labor was uncommon, but it could occur in brick making, the timber industry, and the informal service, construction, and retail sectors. Some children, both Russian and foreign, were subjected to commercial sexual exploitation and forced participation in the production of pornography (see section 6, Children).

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/ .

d. Discrimination with Respect to Employment and Occupation

The law does not prohibit discrimination based on sexual orientation, HIV status, gender identity, or disability. Although the country placed a general ban on discrimination, the government did not effectively enforce the law.

Discrimination based on gender in compensation, professional training, hiring, and dismissal was common. Employers often preferred to hire men to save on maternity and child-care costs and to avoid the perceived unreliability associated with women with small children. Such discrimination was often very difficult to prove, although NGOs reported several successful lawsuits in St. Petersburg against companies for wrongful termination of women on maternity leave.

A 2013 law prohibits employer discrimination in posting job vacancy information. It also prohibits employers from requesting workers with specific gender, race, nationality, address registration, age, and other factors unrelated to personal skills and competencies. Notwithstanding the law, vacancy announcements sometimes specified gender and age requirements, and some also specified a desired physical appearance.

According to the Center for Social and Labor Rights, courts often ruled in favor of employees filing complaints, but the sums awarded were inconsequential. Many employees preferred not to spend the money and time to take legal action.

The labor code restricts women’s employment in jobs with “harmful or dangerous conditions or work underground, except in nonphysical jobs or sanitary and consumer services,” and forbids women’s employment in “manual handling of bulk weights that exceed the limits set for their handling.”

The labor code includes hundreds of tasks prohibited for women and includes restrictions on women’s employment in mining, manufacturing, and construction. The World Economic Forum’s publication, The Global Gender Gap Report 2015, based on the country’s annual statistics report, documented a widespread gender pay gap and noted that, while women were close to parity in senior business roles, women predominated in low-paying jobs in education, the health-care industry, and low-level sales positions. On average women earned 72.6 percent of salaries for men, notwithstanding that 85 percent of women had completed some form of higher education compared with 68 percent of men.

The law requires applicants to undergo mandatory medical screenings when entering into a labor agreement or when enrolling at educational institutions. The medical commission can restrict or prohibit access to jobs and secondary or higher education if they find signs of physical or mental issues. Persons with disabilities were subject to employment discrimination. Companies with 35 to 100 employees have an employment quota of 1 to 3 percent for persons with disabilities, while those with more than 100 employees have a 2- to 4-percent quota. Some local authorities and private employers continued to discourage persons with disabilities from working. Inadequate workplace access for persons with disabilities limited their work opportunities.

Many migrants regularly faced discrimination and hazardous or exploitative working conditions. Union organizers faced employment discrimination, limits on workplace access, and pressure to give up their union membership.

Employment discrimination based on sexual orientation and gender identity was a problem, especially in the public sector and education. Employers fired LGBTI persons for their sexual orientation, gender identity, or public activism in support of LGBTI rights. If they expected to be fired, some LGBTI persons chose to resign preemptively to avoid having their future prospects hindered by a dismissal on their resumes. Primary and secondary school teachers were often the targets of such pressure due to the law’s focus on so-called propaganda targeted at minors (see section 6, Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity).

Persons with HIV/AIDS were prohibited from working in some areas of medical research and medicine.

In September, as part of broader pension reform, amendments to the criminal code were adopted to establish criminal liability for employers who dismiss workers due to approaching pension age.

e. Acceptable Conditions of Work

The monthly minimum wage increased to the official “subsistence” level of 11,163 rubles ($170) on May 1, and it will be regularly revised to keep pace with the increase in the subsistence minimum income. Some local governments enacted minimum wage rates higher than the national rate.

Nonpayment of wages is a criminal offense and is punishable by fines, compulsory labor, or imprisonment. Federal law provides for administrative fines of employers who fail to pay salaries and sets progressive compensation scales for workers affected by wage arrears. The government did not effectively enforce the law and nonpayment or late payment of wages remained widespread. According to Rosstat, as of October wage arrears amounted to 3.1 billion rubles ($48.4 million).

According to Novaya Gazeta, 60 coalminers in the TransBaikal region began a hunger strike in June for nonpayment of wages.

The labor code contains provisions for standard workhours, overtime, and annual leave. The standard workweek cannot exceed 40 hours. Employers may not request overtime work from pregnant women, workers younger than age 18, and other categories of employees specified by federal laws. Standard annual paid leave is 28 calendar days. Employees who perform work involving harmful or dangerous labor conditions and employees in the Far North regions receive additional annual paid leave. Organizations have discretion to grant additional leave to employees.

The labor code stipulates that payment for overtime must be at least 150 percent for the first two hours and not less than 200 percent after that. At an employee’s request, overtime may be compensated by additional holiday leave. Overtime work cannot exceed four hours in a two-day period or 120 hours in a year for each employee. The law establishes minimum conditions for workplace safety and worker health, but does not explicitly allow workers to remove themselves from hazardous workplaces without threat to their employment. The law entitles foreigners working legally to the same rights and protections as citizens.

Occupational safety and health standards were appropriate to the main industries. Government inspectors are responsible for enforcement and generally applied the law in the formal sector. Serious breaches of occupational safety and health provisions are criminal offenses. Experts generally pointed to prevention of these offenses, rather than adequacy of available punishment, as the main challenge to protection of worker rights. The number of labor inspectors was insufficient to enforce the law in all sectors. RosTrud, the agency that enforces the provisions, noted that state labor inspectors needed additional professional training and additional inspectors to enforce consistent compliance.

According Rosstat, in 2016 a total of 21.2 percent of the labor force was employed in the informal economy, up from 20.5 percent in 2015 and the highest percentage since 2006. Rosstat defined the informal economy as enterprises not registered as legal companies, including persons who were self-employed or worked for an “individual entrepreneur.” Employment in the informal sector was concentrated in the southern regions. The largest share of laborers in the informal economy was concentrated in the trade, construction, and agricultural sectors, where workers were more vulnerable to exploitative working conditions. Labor migrants worked in low-quality jobs in construction but also in housing, utilities, agriculture, and retail trade sectors, often informally.

No national-level information was available on the number of workplace accidents or fatalities during the year. According to Rosstat, in 2015 approximately 28,200 workers were injured in industrial accidents, including 1,290 deaths.

According to HRW at least 21 workers died from work-related accidents at World Cup soccer tournament construction sites. Many suffered from severe working conditions, including lack of proper safety equipment, freezing temperatures, and threats of termination for complaining. Some workers either did not receive employment contracts or received them late, and some went unpaid for months.